What does it mean to not be against a bona fide third party without registration

Under the effect of the adversarial doctrine of registration, regardless of whether the possession of the subject matter is transferred, before registration, the change of real rights between the parties only has internal effect, and cannot be used against the real rights of a bona fide third party. However, the so-called non-confrontation does not mean that it is not ineffective, but that the unregistered change in property rights has been fully validly established between the parties, and it is not absolutely invalid in the relationship with a third party. It is only that the party to whom the property right is transferred may not claim the effect of the change in the property right against a bona fide third party.

Therefore, a third party can deny the validity of an unregistered change in property rights or recognize the effect of an unregistered change in property rights, because the fundamental purpose of the law is to protect the interests of third parties by providing that it cannot be used against bona fide third parties. If a third party is willing to give up its own interests, on the premise of not violating public order and good customs, and based on the principle of autonomy of will, the third party may certainly be allowed to recognize the validity of such an unregistered change in property rights. In short, in practice, the legal effect of a change in property right cannot be opposed unless it is registered, and although it is registered against an unspecified third party, the issue of adversarial force only arises when the third party claims that the effect of the change in property rights does not exist, and it does not occur naturally due to the fact that it is not registered.

The second floor is very clear. In our country, different registration effects are stipulated for different property rights in the registration of immovable property. The ownership and mortgage rights of houses obtained as a result of legal acts adopt the principle of registration validity, and the contract signed by the two parties only produces the effect of creditor's rights, and does not produce the effect of real rights without registration.

However, for the right to contract and manage land, the right to use the land in the four wildernesses, and the easement, the adversarial doctrine of registration is adopted, that is, when the easement contract signed by the parties takes effect, the easement is established immediately when the contract takes effect, and the non-registration also produces the effect of the real right. But,'Non-registration is not against bona fide third parties.

What does this mean? For example, the land of the two of us is connected, and I need to use your land as a channel for watering the land every year, so the two of us signed a ten-year easement contract (you are the easement land, I am the easement land), and when the contract is signed by both parties, the easement is established. However, neither of us applied for easement registration.

As a result, after three years, you transferred your land to someone else, and this person didn't know that we had an easement agreement, so he wouldn't let me use his land as a channel for watering. I can't fight him because I don't have an easement to register, so I can't use him as an easement.

Without registration, it shall not be used against a bona fide third party, which means that the matters agreed by the parties to the contract shall not be effective against the third party, and if the person without the right of disposition transfers the immovable property or movable property to the transferee, the owner has the right to recover it, but the transferee acquires ownership in good faith or with a reasonable transfer when the transferee transfers the immovable property or movable property.

According to the relevant laws and regulations, if the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:

1) The transferee is bona fide when it transfers the immovable or movable property;

b) transfer in a reasonable manner;

3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transferee shall be delivered to the transferee if it does not need to be registered. Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition. Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

Legal basis. Article 311 of the Civil Code of the People's Republic of China [Acquisition in Good Faith] Where a person without the right of disposition transfers immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee acquires ownership of the immovable or movable property under the following circumstances: (1) the transferee is acting in good faith when transferring the immovable or movable property; b) transfer in a reasonable manner; 3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transferee shall be delivered to the transferee if it does not need to be registered.

Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition. Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

Legal analysis: According to the provisions of China's Civil Code, the establishment and alteration of real rights such as ships, aircraft and motor vehicles need to be registered, and those who have not gone through the registration formalities shall not be opposed to a bona fide third party.

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

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.

Article 300 Where the right to contract and operate land is exchanged or transferred, the parties may apply to the registration authority for registration; Without registration, it is not allowed to confront a bona fide third party.

Legal analysis: In the process of mortgage, the mortgage that has not been registered cannot be used against a bona fide third party, which means that during the existence of the mortgage, when the mortgagor transfers or leases the mortgaged property that has not been registered, or creates a mortgage on the mortgaged property again, so that the mortgaged property is in the possession of a bona fide third party, the mortgagee can only claim damages from the mortgagor. (1) When the mortgagor obtains consideration for the transfer of the mortgaged property for compensation, the mortgagee exercises the right of subrogation in rem for the benefits obtained by the mortgagor from the transfer of the mortgaged property, and cannot directly claim the realization of the mortgage right against the third party.

2) When the mortgagor creates a new mortgage on the mortgaged property, the registered subsequent mortgagee will have priority over the unregistered predecessor mortgagee for the exchange value of the mortgaged property.

Legal basis: Article 403 of the Civil Code of the People's Republic of China Where movable property is mortgaged, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to confront a bona fide third party.

Legal analysis: In the process of mortgage and lease, the mortgage that has not been registered cannot be used against a bona fide third party, which means that during the existence of the mortgage, when the mortgagor transfers or leases the mortgaged property that has not been registered, or creates a mortgage on the mortgaged property again, so that the mortgaged property is in the possession of a bona fide third party, the mortgagee can only claim damages from the mortgagor. (1) When the mortgagor obtains consideration for the transfer of the mortgaged property for compensation, the mortgagee exercises the right of substitution and slippage in rem for the benefits obtained by the mortgagor from the transfer of the mortgaged property, and cannot directly claim the realization of the mortgage right against a bona fide third party.

2) When the mortgagor creates a new mortgage on the mortgaged property, the registered subsequent mortgagee will have priority over the unregistered predecessor mortgagee in respect of the exchange value of the mortgaged property.

Legal basis: Article 403 of the Civil Code of the People's Republic of China Where movable property is mortgaged, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to confront a bona fide third party.

Without registration, it shall not be used against a bona fide third party, which means that the matters agreed by the parties to the contract shall not be effective against the third party, and if the person without the right of disposition transfers the immovable property or movable property to the transferee, the owner has the right to recover it, but the transferee acquires ownership in good faith or with a reasonable transfer when the transferee transfers the immovable property or movable property. According to the relevant laws and regulations, if the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Unless otherwise stipulated by law, the transferee acquires ownership of the immovable or movable property under the following circumstances: (1) the transferee is acting in good faith when transferring the immovable or movable property; b) transfer in a reasonable manner; (3) The immovable or movable property that is transferred shall be registered in accordance with laws and regulations has been registered, and the transfer that does not need to be registered has been delivered to the transferee.

Where the transferee obtains the ownership of immovable or movable property in accordance with the rubber seal of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition. Where the parties acquire other real rights in good faith, the rules and regulations in the preceding two paragraphs shall be applied by reference, and the legal basis shall be applied, Article 311 of the Civil Code of the People's Republic of China [Acquisition in Good Faith] Where the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Unless otherwise stipulated by law, the transferee acquires ownership of the immovable or movable property under the following circumstances: (1) the transferee is acting in good faith when transferring the immovable or movable property; b) transfer in a reasonable manner; (3) The immovable or movable property that is transferred shall be registered in accordance with laws and regulations has been registered, and the transfer that does not need to be registered has been delivered to the transferee.

If the transferee obtains the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition. Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs are to be applied by reference.