I. Rules for the Change of Real Right of Real Estate

1, the principle of registration is applicable to the change of real property rights; The principle of delivery applies to the change of real right of movable property.

2. If it is a real estate such as a house, it is necessary not only to sign a sales contract, but also to go to the housing management department to register the change of property rights before the property rights can be transferred; Movable property is like a table. As long as the parties pay the money and sign it, and the seller gives the watch to the buyer, the property right will change.

3. Real estate should be registered at the real estate registration center; Movable property only needs to be handed over to the other party, and the delivery of movable property is based on the principle of delivery elements, that is, the transfer of possession is the effective element of property right change. Before the transfer of possession, the change of real right can not only confront the third party, but also have no effect between the parties, which can be divided into simple delivery, possession change, instructed delivery and quasi-delivery.

It should be noted that the establishment, alteration, transfer and extinction of the real right of immovable property will take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.

Second, the difference between real estate property right and movable property right change

The change of real estate ownership needs to be registered before the change takes effect, and the direct delivery of movable property takes effect. It is not necessary to deliver the direct facts, but it can also be delivered in the form of possession change and instruction delivery. However, for special movable property such as cars and ships, although delivery is also an important element of ownership transfer, if it is not registered, it may not be against a bona fide third party.

Other types of property rights, usufructuary rights are basically stricter and need to be registered. When making changes, you also need to register to take effect. For some changes, the law still has many restrictions, but easements are relatively few. The mortgage right in the security interest still needs to be registered, and most of the others can determine the change effect according to the contract of the parties, not all of them need to be registered, and the lien can only be exercised after legal possession in advance.

Third, the concept of real right confirmation is controversial.

The dispute over the confirmation of real right refers to the dispute over the establishment, content and ownership of real right, which is called confirmation litigation in litigation. According to the law, the action of confirmation can only be brought by the parties to the people's court and solved through civil litigation. At the same time, the action of confirming the right is the premise of other related litigation, and other related litigation cannot be carried out before the establishment, content and ownership of the subject matter of litigation are determined. The lawsuit of property right confirmation includes the lawsuit of ownership confirmation, the lawsuit of usufructuary right confirmation and the lawsuit of security right confirmation.

The main causes of disputes over the confirmation of property rights are disputes over the confirmation of property rights other than those confirmed by administrative organs according to law, mostly disputes over usufructuary rights and security rights, including disputes over the confirmation of movable property ownership and building ownership other than land. However, we should pay special attention to it: according to the current laws of our country, land ownership disputes should be confirmed by administrative organs, not solved through litigation.

Legal objectivity:

Article 9 of the Property Law: The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered. Article 14 The establishment, alteration, transfer and extinction of the real right of real estate that should be registered according to law shall take effect when it is recorded in the real estate register. Seventeenth real estate ownership certificate is the proof that the right holder enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail. Principle: ① Unless otherwise provided by law, the change of real property right based on legal act is based on registration. Its formula is: effective legal act+disposition right+registration _ property right change; ② Its scope of application includes: abandonment of real estate rights (ownership, mortgage, construction land use right), sale of real estate (Article 9 of the Property Law), gift of real estate (Article 9 of the Property Law), assignment and transfer of construction land use right (Article 139 of the Property Law) and establishment of real estate mortgage (Article 139 of the Property Law). ③ The time point of property right change is the date of initial registration or change of registration recorded in the real estate register, not the real estate license (the real estate register for construction land is the legal basis of property right change, and the ownership certificate (real estate license and construction land use right certificate) is not the basis of property right change, but only the preliminary proof of enjoying the real estate right. Article 127 The right to contracted management of land shall be established when the contract for contracted management of land comes into effect. The local people's governments at or above the county level shall issue the land contractual management right certificate, forest right certificate and grassland use right certificate to the land contractual management right holder, and register them to confirm the land contractual management right. Article 129 Where a party requests registration for the exchange or transfer of the contracted management right of land, it shall apply to the local people's government at or above the county level for the registration of the change of the contracted management right of land; Without registration, you may not be able to fight well-intentioned third parties. Article 158 An easement shall be established when the easement contract comes into effect. If registration is needed at that time, you may apply to the registration authority for easement registration; Without registration, you may not be able to fight well-intentioned third parties. Exception (1) The land contractual management contract comes into effect, and the land contractual management right is established without registration. However, the unregistered land contractual management right has no effect against bona fide third parties (Articles 127 and 129 of the Property Law); (2) The easement establishment contract takes effect, and the easement is established without registration. However, unregistered easements may not be used against bona fide transferees of easements (Article 158 of Property Law).