Case Study On The Execution Objection Of Fujinhua Case ——Change And Owner Shape Of Real Right Under The Real Estate Registriation System

In principle,the change of real estate right without registration will not be effective.But due to the incomplete registration system,registration error,the parties,the real meaning retention,practice in a large number of recorded in the realty register inconsistent with real situation,caused many disputes,for the case with different court case processing result,ladies actual possession houses and the legitimate rights and interests of those who have not registered cannot get effective protection,The situation of different judgments in the same case is contrary to the guiding spirit of the Supreme Court and is not conducive to the maintenance of legal authority.This article adopts case analysis to discuss.Practice of a typical case analysis of contention,on the basis of introducing the related issues about the argument from the delivery of possession of real right validity,the facts of the real right and interest measure and the registration of property rights of legal system from many angles,such as comprehensive analysis and argument,and combining with academic issues put forward possible solutions to evaluation,Put forward the solution of this paper.This paper is divided into four parts.The first part first from a related case introduction,through the introduction of the basic case facts and focus problem analysis and comparing the similar cases to put forward in this paper,the core argument,which has not been registered delivery of real right of realty,the second part introduces theoretical understanding of the problems related to this argument,From real estate registration system,practical and real right,delivery of possession in real estate effectiveness of the three aspects of the real right change,critical affairs for unregistered real estate property rights belong to the problem of "one size fits all",and confusion in judicial practice problem processing,through the combination of theory and practice,sort out the problem in practice,So that " the same situation,the same treatment" of the concept of justice can be prevailing in the local court decisions.The third part analyzes and summarizes the rationality of the existing theory of factual real right,the theory of real right agreement and the doctrine of registration antagonism,and provides the justification basis for the protection of the rights of the house owners who have been handed over and have not been registered and against the court’s compulsory execution.