What is the principle of distinction between changes in property rights?

1. The principle of publicity refers to the principle that the change of the real right must be carried out in a statutory publicity manner in order to have the corresponding legal effect, and the real right has an absolutely exclusive effect, and the change must be sufficiently identifiable from the outside to make the legal relationship transparent, reduce transaction costs, avoid damage to third parties, and protect the security of transactions;

2. The principle of public trust refers to the fact that changes in real rights are publicized in a legal manner, that is, they have the effect of making ordinary people trust their correctness, and even if the status of the real rights publicized is inconsistent with the status of their real rights, the law still recognizes the legal effect of the rest of the real rights of those who rely on the real rights represented by the publicity and trade in real rights.

Civil Code of the People's Republic of China

Article 207.

The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

The principle of distinguishing between changes in property rights: First of all, the principle of distinguishing the state of the sail is one-way, that is, the contract is effective without the registration of delivery, so the acquisition of ownership and the entry into force of the contract are distinguished, which is the principle of distinction between changes in property rights.

First of all, to understand the principle of distinction, it is necessary to understand the acquisition of ownership rights in property rights.

Ownership: 1. Movable property: legal acts.

Delivery acquires ownership (ships, cars, airplanes, etc., are also effective in delivery, and cannot be opposed without registration);

2. Immovable property: legal act + registration, ownership only after registration.

The principle of distinction: First of all, the principle of distinction is one-way, that is, the contract does not take the registration of closed delivery as an element for the contract to take effect, for example, the two parties sign a house sale contract.

This is a real estate transaction, after the contract is signed, the contract takes effect directly, but it has not yet acquired ownership, because there is no registration between the two parties, so the acquisition of ownership and the contract into force are differentiated, which is the principle of distinction.

This is also the aspect of distinguishing the non-causality of German property rights, and the case of the contact examination is that one house is sold twice, and both parties sign a contract, and the contract is valid, but only one is registered, so only one obtains ownership, and the other does not obtain ownership, because the contract is valid, you can claim liability for breach of contract.

And not just contractual negligence. As for unidirectionality, it means that the legal act must be valid to obtain ownership of movable or immovable property, and if the legal act is invalid, even if it is delivered, it has no right to possess, and the person entitled to possession can claim the right to return the original thing.

The principle that the change of the real right must be carried out in the form of statutory publicity in order to have the corresponding legal effect is that the real right has an absolutely exclusive effect, and the change must be sufficiently externally identifiable to make its legal relationship transparent.

Reduce transaction costs.

Avoid damage to third parties and protect the security of transactions.

This externally recognizable representation is the method of publicity of changes in property rights. Changes in immovable property rights shall be publicized by registration, and changes in movable property rights shall be publicized by delivery.

What is the principle of distinction between changes in property rights?The principle of distinction between changes in property rights refers to the principle that when a change in property rights occurs, the cause of the change in property rights and the result of the change in property rights are two legal facts, and their establishment and effectiveness are based on different legal bases. Here's a closer look!

(1) The concept of the principle of distinction

The principle of distinction between changes in property rights refers to the principle that when a change in property rights occurs, the cause of the change in property rights and the result of the change in property rights are two legal facts, and their establishment and effectiveness are based on different legal bases. This is the basic spirit of the provisions of Articles 9 and 23 of the Property Law.

(2) The basic meaning of the principle of distinction

The basic implications of the application of the principle of distinction are:

Clause. 1. In terms of the change of real rights, the distinction principle should distinguish between the cause and the result of the change in real rights (i.e., the act of disposition), and the cause of the change in real rights is the expression of intent in the law of obligations, that is, the act of obligatory rights, which does not necessarily cause the result of the change of real rights, and the reason is that when the causal act occurs, the act of disposing of the thing has not been archived and suspended, and it may not be fulfilled in the future, but in any case, the expression of intention of the creditor's right, that is, the contract, can be established.

Clause. 2. The establishment of the cause of the change in the real right does not take the change of the real right as a necessary element, and cannot be judged on the basis of whether the change in the real right is established.

Clause. 3. The change of real right is basically characterized by publicity, and the effect of the change in real right is determined by the publicity method prescribed by law, that is, the delivery of movable property and the registration of immovable property are necessary conditions, and it cannot be considered that the establishment and effectiveness of the underlying relationship or causal relationship will inevitably result in the change of real right.

(3) The effectiveness of publicity in implementing the principle of distinction

1. The general meaning and method of publicity of property rights.

Publicity is the basic principle of the change of property rights, first of all, the basic procedures for the change of property rights must be publicized; At the same time, it also serves as the basis for confirming the change of property rights, and must be the same for the establishment, alteration, transfer and extinction of real rights. Such a requirement is to enable the owner of the property to achieve absolute domination over the property right.

2. The legal effect of publicity.

Publicity has three effects:

The first is to decide whether the change in property rights can take effect.

The second is the validity of the right to be correctly presumed. Registration, the existence of the right to be presumed to be registered. Legally, the registered right is consistent with the actual power, but objectively there may be inconsistencies, but nevertheless, as long as it is registered, the authenticity of the right is confirmed.

The third is good-faith protection and risk notification, believing that the publicity of changes in real rights, even if there is no right to dispose of it, as long as the transferee acquires it in good faith and believes in the real estate register, it also confirms that it has acquired ownership, so as to better protect the bona fide third party.

The principle of distinguishing between changes in property rights refers to the principle that when a change in property rights occurs, the original nucleus of the change in property rights and the result of the change in property rights are regarded as two legal facts, and their establishment and effectiveness are based on different legal basis. Publicity is the basic principle of property rights change.

The concept of the principle of distinction. The principle of distinction between changes in property rights refers to the principle that when a change in property rights occurs, the cause of the change in property rights and the result of the change in property rights are two legal facts, and the establishment and effectiveness of Hu Damo are based on different legal basis.

The basic meaning of the principle of distinction. The basic meaning of the principle of using the trouser bucket distinction is:

First, in terms of imitation of changes in property rights, the distinction principle should distinguish between the cause and the result of the change in property rights (i.e., the disposition act), and the cause of the change in property rights is the expression of intent in the law of obligations, that is, the act of obligatory rights, which does not necessarily cause the result of the change of property rights, because the reason is that when the causal act occurs, the disposition of the thing does not exist and may not be fulfilled in the future, but in any case, the expression of intent of the creditor's right, that is, the contract is established.

Second, the establishment of the cause of the change in the real right is not based on the change of the real right as a necessary element, but on the basis of the elements of the establishment of the creditor's right itself, and cannot be judged on the basis of whether the change in the real right is established. Therefore, the act of registration is not a requirement for the contract to be effective, but a requirement for the publicity of the real right.

Third, the change of real right is basically characterized by publicity, and the effect of the change of real right is determined by the publicity method prescribed by law, that is, the delivery of movable property and the registration of immovable property are necessary conditions, and it cannot be considered that the establishment and effectiveness of the underlying relationship or causal relationship will inevitably result in the change of real right. In order for the result of the change in property rights to occur, it is necessary to publicize the change in property rights. The achievement of the change in property rights can only be made at the time of the announcement of the change in property rights.

If the contract comes into force without the delivery of movable property and the registration of immovable property, the right holder only obtains the right to request delivery, that is, the right under the law of obligation, but does not obtain the right to dispose of the property.