In the property law, there is a question about the construction of houses

Acquired when the house was built. According to the provisions of the Civil Code of China and relevant judicial interpretations, based on the change of property rights arising from legal acts, immovable property has the effect of change in real rights at the time of registration, and movable property has the effect of changes in real rights at the time of delivery; However, changes in property rights arising from non-legal acts such as effective legal documents, legal demolition or construction of houses, etc., shall be effective when the legal documents take effect or when the houses are completed, and the immovable property does not need to be registered, and the movable property does not need to be delivered. Therefore, if a house is legally built, the ownership of the house is acquired when it is completed, and registration is no longer required.

Article 231 of the Civil Code of the People's Republic of China establishes or extinguishes a real right due to factual acts such as lawful construction or demolition of houses, and takes effect from the time of the de facto act bureau.

Answer] :d the establishment or extinction of a real right due to the lawful construction or demolition of a house, it shall take effect at the time of the fact that the act becomes a celebration of the erection hall. However, if the right holder obtains a real right based on a factual act, and when disposing of the real right, it is necessary to go through registration in accordance with the provisions of law, and the effect of the hidden right of goodwill does not occur without registration.

Option C, in fact, the building under construction can also be mortgaged, as long as the mortgage is registered.

Option C Immovable property is subject to registration, as long as it is registered, it can be mortgaged. It's not surprising that there are more and more forms of mortgages.

In the concept of real estate mortgage, a legal real estate mortgage refers to real estate that has obtained a real estate ownership certificate. Therefore, He does not enjoy the right of mortgage

When a change occurs in the real right created by a lawful construction, it shall take effect when the legal construction act is completed. If it is an illegal construction, the person concerned needs to carry out the demolition within the specified time.

What are the options for the change of property rights?

1) Principle of publicity: It is required that the creation, alteration and extinction of real rights must be manifested in a certain way that can be found from the outside.

2) The principle of public trust: if the parties rely on such publicity and act as a certain act (such as sale or gift), even if the status of the real right expressed in the registration or delivery is inconsistent with the real state of the real right, it cannot affect the validity of the change in the real right.

The principle of public trust includes two aspects:

First, the person recorded in the immovable property register is presumed to be the owner of the immovable property, and the person in possession of the movable property is presumed to be the owner of the movable property, unless there is evidence to the contrary. This is called the "presumption of correctness of the right".

Second, any act that relies on the appearance of publicity in good faith should be protected in law, and the way of protection is to recognize the effect of the change in property rights caused by such an act.

What are the reasons for the acquisition and extinction of property rights.

1. Reason for acquisition:

1) Legal acts. This is the most common reason for the acquisition of real rights, such as sale or barter, gift or bequest, and the creation of mortgages, pledges, and other property rights for others through the creation of the owner of the thing and other persons.

2) The acquisition of real rights due to reasons other than legal acts mainly includes: obtaining real rights due to the acquisition of the statute of limitations; acquisition of property rights as a result of public expropriation or confiscation; Acquisition of ownership as a result of the discovery of lost or buried items; acquisition of property rights by attachment or mixing or processing; acquisition of property rights by inheritance; Acquisition of property rights due to the provisions of the law; Acquisition of ownership of the fruits.

2. Cause of elimination:

1) Legal acts. This in turn includes the exercise of the right of abandonment or contract and the right of rescission. Abandonment is the act of unilaterally extinguishing the right in rem; The contract is an expression of the intention of both parties to agree on the duration of the property right or the extinction of the property right; The exercise of the right of revocation to extinguish the right in rem is mainly in the provisions of the contract, the right to rescind the contract is exercised, so that the right to use the right of use The right in rem stipulated in the contract is extinguished.

2) Extinguishment of property rights due to reasons other than legal acts. Mainly: the loss of the subject matter; the expiration of the statutory term for a property right; There is also a certain kind of other property right arising from the relationship between the two subjects, and when the two subjects are mixed, such real right is extinguished.

Before constructing a building, the parties need to obtain approval from the relevant authorities before starting construction.

We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.

Legal basis]: Article 231 of the Civil Code of the People's Republic of China stipulates that if a real right is established or extinguished due to a factual act such as the lawful construction or demolition of a house, it shall take effect when the factual act is completed.