Research On The Effectiveness Of Possession In The Change Of Real Property Right

The issue of the effectiveness of possession in the change of real property rights generally occurs in the case of one house and two sales,but there are also some special cases,such as Case 1 mentioned in this article.In the following text,if there are no special circumstances,this article will discuss the typical situation of one house and two sales.According to the provisions of the Civil Code of our country,the real right change of real estate based on legal acts needs to be registered,and the change of real right will not take effect without registration.Under my country’s existing registration system,there is a time gap between the signing of the sales contract and the completion of registration of real estate,which is difficult to eliminate through technical means.During this period of time when the registration has not been completed,after the seller of the house concludes a house sale contract with the first buyer,even if the first buyer has actually taken possession of the house,the seller continues to conclude the house sale contract with others in principle.Effective,at this time,the later buyer can obtain the property right through registration.According to the principle of one property,one right,the later buyer will receive priority protection.In this case,the rights of the first buyer who has taken possession will be violated,and there is no realistic and effective remedy in the current legal system.In order to solve this dilemma,this article aims to analyze the disadvantages of the absolute registration effective doctrine while acknowledging the real estate registration effective doctrine and use the multi-element explanation method to analyze the specific effect and boundary of possession in the change of real property rights.Theoretical affirmation of the publicity effect of possession liberates the judgment method of multiple transactions of real estate from the judgment mode of single theoretical elements,and better protects the rights of the first buyer who has already taken possession.This article demonstrates the disadvantages of the registration effective system and the necessity of recognizing the publicity effect of possession through typical case analysis and comparative research,and explains the specific effect and boundary of possession in the change of real property rights in combination with the bundle of rights theory,and believes that the academic circles should affirm the possession Effectiveness,specifically manifested in the fact that the possession of the first buyer will cause the later buyer to have an obligation to investigate and know.When the latter buyer fails to fulfill the reasonable investigation obligation,it will not meet the constitutive requirements of good faith.Even if the registration is completed,the protection shall not be prioritized.