What is the meaning of the adversarial element, and what is the meaning of the adversarial element a

Looking at this, it is clear that the "registration requirement doctrine" means that when the real property right changes according to a legal act, the parties need to have an expression of intent to change the real right, and the expression of intent must be registered, and the self-registration is the act of changing the real right before it can take effect.

The legal value of real estate registration lies in maintaining the security of transactions, because "the interests of third parties are actually the embodiment of the transaction order of the market economy, and the normal economic order of the whole society is connected by third parties." ”

The real right that has been changed as a result of the transaction shall be credible to the third party after registration.

The doctrine of registration adversarial means that the retention of title can be established once the parties agree, but it cannot be used against a bona fide third party without registration. On the one hand, the adversarial doctrine of registration maintains the convenience of transactions, and on the other hand, it also enables the parties to decide whether to apply for registration at their discretion, so as to protect the effectiveness of their rights. Most countries in the world have adopted this system, such as the United States, Italy and Taiwan.

Take an example of the combination of property law and contract law: in a house sale contract, if the sale and purchase contract has an offer commitment, the contract will be established and take effect, and at this time, having an offer promise (rather than registration) is an effective condition for the sale and purchase of the house, and whether it is registered or not does not affect the establishment and effectiveness of the contract and the transfer of house ownership. The buyer acquires ownership of the house from the moment the contract is concluded.

However, in view of the fact that the house is immovable property, and its publicity is a confrontation element, in the case of a house sold by multiple owners, everyone is the owner, but only the person on the real estate certificate can fight against other owners and truly obtain the right to use, benefit and dispose of the house based on the ownership of the house.

Conclusion: In the contract of sale and purchase of a house, registration is an element of confrontation.

That is, what is the main key to solving this problem in this case.

Legal Analysis: The requirements for effectiveness refer to certain conditions that must be met in order for a certain legal relationship to take effect. For example, if a contract is signed, it is valid if it is signed or sealed by both parties.

It means that the contract can only be valid after both parties sign or seal it. Signature or seal is a requirement for the contract to take effect. The element of confrontation is that a certain legal relationship must be negotiated with specific conditions before it can be confronted against another legal relationship.

For example, the creation, alteration, transfer and extinction of real rights such as ships, aircraft and motor vehicles shall not be used against bona fide third parties without registration. The registration of immovable property is an element of confrontation.

Legal basis: Civil Code of the People's Republic of China

Article 136:Civil juristic acts take effect when they are established, except as otherwise provided by law or otherwise agreed upon by the parties. The actor must not modify or dissolve the civil juristic act without the consent of the other party except in accordance with the provisions of law or without the consent of the other party.

Article 225 The creation, alteration, transfer or extinction of real rights in ships, aircraft, motor vehicles, etc., shall not be used against bona fide third parties without registration.

The effective element refers to the fact that a contract that has been formed has created a certain legal binding force between the parties. The requirement for effectiveness is a very important system in contract law, and its importance lies not only in the fact that it makes the contract legally effective and enables the parties to achieve their desired effect, but also because it is closely related to a series of contract systems.

The adversarial element refers to the meaning of having the adversarial element, which refers to the restrictive provisions of the law on the form of expression of intent, and its significance is only to make the rights obtained by the parties based on the act effective against third parties. Even if the expression of intent of a party does not comply with such restrictive provisions, not only can the act be validly established, but also the rights created by it can also be validly established. However, when a bona fide third party asserts the right of the same gross omission in the subject matter of the right, the rights of the parties are not effective against the bona fide third party.

The requirements for effectiveness refer to certain conditions that must be met in order for a legal relationship to take effect. For example, if you sign a contract for a banquet round oak, it is valid if it is signed or sealed by both parties. It means that the contract can only be valid after both parties sign or seal.

Signature or seal is a requirement for the contract to take effect. The element of confrontation means that a certain legal relationship must specify certain conditions before it can oppose another legal relationship.