The Research On Whether The Claim To Registration Of Change Of Real Estate Should Restrict By The Limitation Of Actions

In real life,due to government policies such as macro-control of real estate or the personal reasons of buyers and sellers,there is a phenomenon that the buyer legally controls the house,but has not completed the house transfer process for a long time.Then,can the buyer lodge a claim on registration of property right change against the seller at any time without being subject to the limitation of actions? The law does not specify this.The academics and the judicial practitioners both have disputes over it.The dispute mainly focused on two issues: the nature of the right to request for registration of change in property rights and the scope of application of limitation of lawsuits.As to the nature of the claim on registration of property right change,based on the strict dichotomy theory of real rights and creditor’s rights,the buyer cannot obtain the ownership of the house without going through the transfer process,so he/she can only be a creditor.The nature of the claim on registration of property right change laid by the buyer against the seller can only be a creditor’s rights claim.However,the division of property rights into real rights and creditor’s rights is not distributed,and there are still a large number of property rights that cannot be fully classified into creditor’s rights or real rights.Such intermediates have some attributes of real rights and creditor’s rights at the same time,which could be considered as a relativity of real rights and creditor’s rights in several aspects.This kind of relativity should not be understood as a negation of the dichotomy theory.On the contrary,it will improve and complement the dichotomy theory,in order to overcome the shortcomings of it.The possession of the house based on the house sale contract is a right,which has the natural of domination and exclusion effectiveness,and has the minimum real rights effect.At this time,the buyer’s subst antive law status is a creditor with real rights,and the nature of the b uyer’s claim on registration of property right change is a creditor’s righ ts claim with real rights effect.The claim on registration of property right change with real rights effect,or the occupancy right with real rights effect based on possession of a house sale contract,must meet the following two conditions:(1)there are no defects of validity of the house sale contract;and(2)the buyer legally controls the house.By interpreting Article 196 of the general principles of civil law Article,the limitation of actions generally applies to the simple creditor’s rights claim,not the real rights claim.The reason is that the real right is absolute,and the purpose of a real rights claim is to restore the owner’s complete dominance of the property,so that the ownership condition of the real right remains stable.In summary,because the nature of the claim on registration of property right change is a creditor’s rights claim with real rights effect,which does not fall within the scope of the limitation of actions,the limitation of actions cannot be applied.In light of this,this paper is organized as follows:Chapter One raises questions based on theories,laws,and judicial practices,and paves the way for the remaining chapters.Chapter Two argues that the nature of the claim on registration of property right change is a creditor’s rights claim.Chapter Three explains the constituent elements of the claim on registration of property right change with real rights effect.Chapter Four analyzes the scope of the limitation of actions,and concludes that the claim on registration of property right change should not apply the limitation of actions,and reinforces the reasons accordingly.