Case Analysis on Confirm the Real Estate Dispute of Zhangfucun Charged by Lushiwei
|Course||Civil and Commercial Law|
|Keywords||Real Estate Real Estate Registration Litigation model|
Property changes property law as the core content of the immovable property registration system, as the the Property Changes publicity method plays a pivotal role. Real Estate Property Registration conduct administrative act has a broad and deep relationship, both administrative, civil dual legal relationship. Changes in real property involved in civil, administrative cross litigation trial practice. Hearing how the registration of real estate disputes, for which judicial organization to hear, in terms of theory and practice have far-reaching significance and impact. Save this article from Chang Fu v. Road Swagelok Real Estate to confirm Dispute Case departure, analytical description of the nature of the real estate registration, and then discuss objections by civil action to trial for real estate ownership relations and elaborated Legal Reflections on the case for hearing similar cases provide some reference. The paper is divided into three parts: the first part: Case Introduction and case the focus of controversy. This section describes the facts of the case and the judgment of the Court of Chang Fu kept v. Road confirm Shiwei real estate dispute case, and come to the case of three controversial points: First, the name of the property rights of people with actual property rights is inconsistent, and how to identify the property rights vested. Second, the real estate registration of civil acts or administrative action. Third, the controversial real estate ownership is resolved through civil or administrative proceedings solve. Part II: the theory of the dispute in this case. This section first meaning of the registration and registration of real estate in the types of property law, real estate registration system in real estate, the nature and effectiveness of the theory expounded in the present case to analyze the nature and effect of real estate registration, come to the real estate registration only has the presumption of the validity of the evidence , does not have absolute nature. Case the plaintiff the burden of proof to prove that they are true and right holders, the judgment by the court in accordance with the evidence real rights compliance with the law. Cases should apply for registration of real estate litigation mode First, starting from the practice of the Court to be analyzed on a variety of litigation mode, and combined with the circumstances of this case, the case should apply to litigation mode to make a choice, drawn only to real estate ownership disagree no objection cases the act of registration of immovable property registration authority for civil conclusions to be addressed. Part III: Ponder this case. Thinking from the following analysis of this case: First, the litigation risk faced by the real estate purchase in the name of others, due to the purchase of real estate there is a big risk of litigation in the name of others, we should be careful purchase of real estate in the name of others. Second, we shall improve the registration of real estate. There are a lot of problems due to the current real estate registration in China should improve the registration of real estate, in order to reduce the generation of real estate disputes.