Study On The Ownership Of Property Rights Of Affiliated Real Estate Development

It is very common in our country to rely on the development of real estate,that is,to borrow the qualifications to develop real estate.Due to the implementation of the registration system of the real estate in China,the registered nominee and the "actual owner" of the real estate property right are different in the relationship of the attached development of the real estate,so it is easy to cause ownership disputes.At present,the law has not yet defined the behavior of affiliated development of real estate,let alone the ownership of property rights of affiliated to the development of real estate.In judicial practice,the phenomenon of different judgments in the same case of this type of case is prominent,which has caused great damage to judicial credibility.The collection,statistics,and analysis of relevant judgment documents through research methods such as case analysis method and statistical analysis method found that in judicial practice,there are not only disagreements on whether the property rights of the real estate property of the affiliated development belong to the affiliating person or the affiliated person,but the reasons and interpretation paths are also quite different.After analyzing the case types,it is found that the different judgments in the same case are mainly due to the differences of understanding between the courts in two aspects.Firstly,the courts have different understandings of the "legal construction" in the original acquisition of real estate property rights based on factual behavior.Secondly,the court’s understanding and application of the rules for the change of real property rights based on legal acts are not uniform.Through the analysis of the above two issues,it can be concluded that: on the one hand,based on the fact of construction,property rights can be obtained without registration,but the legitimacy of the construction behavior cannot be ignored.It is difficult for the affiliating person to borrow the qualifications to develop real estate as legal.The affiliated person is a legal builder in law.Under the principle of building and land integration,the affiliated person is the owner of the right to use construction land and the owner of the initial registration of house ownership;On the other hand,even though the agreement on the ownership of the real estate by the affiliated development agreement is the cause of the change in real right,the change of real right based on legal acts should follow the rule of "publicity effective".Except for the stipulation of the affiliated development agreement,it is still necessary to change the registration of the affiliate to truly obtain the property rights.Although the affiliating person cannot be directly recognized as the real estate property owner,its equities are not unprotected.The rights enjoyed by the affiliating person under the affiliated development agreement are essentially creditor’s rights,and he may request the affiliated person to assist in the formalities of real estate change registration.When the third party is involved,the type of the third party should be distinguished to determine the order of the rights protection of the anchor and the third party.In order to properly handle the dispute over the determination of the ownership of the affiliated development real estate,the paper finally puts forward four suggestions: First,identify the affiliated development agreement based on the substantive content of the agreement;Second,unify the determination standard of "legal construction" in the original acquisition of property rights;The third suggestion is to clarify the relationship between the change of real property rights and the confirmation of property rights;The fourth suggestion is to limit the criteria for determining the invalidity of the affiliated development agreement.