Whether the immovable property right is registered or contractual

Article 9 of Chapter II of the Property Law stipulates that the creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the state in accordance with the law may not be registered; Article 14 provides:

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register; Article 28 stipulates that if the establishment, alteration, transfer or extinction of a real right is caused by the legal documents of the people's courts, arbitration commissions or the expropriation decisions of the people, etc., it shall take effect when the legal documents or the expropriation decisions of the people's ** take effect; Article 29 stipulates that if a real right is acquired by inheritance or bequest, it shall take effect from the beginning of the inheritance or bequest.

Immovable property needs to be registered to be valid, why? It's very simple, for example, I sell an apple to you, you pay with one hand, I give you the apple with the other, the apple from my hand to your hand at the moment of delivery, since then the apple is your personal property, and it has nothing to do with me, so why is the real estate not the moment I get the key to complete the transfer of property rights, because the real estate needs to be publicized, and the public certificate is the real estate register, and the distribution to you is the real estate certificate, only the real estate certificate is your name, It's your house, otherwise wouldn't the world be chaotic, I hold the key to this house, and the house is mine? Therefore, the registration of property rights is a process of publicity, that is, to declare to the world

This house belongs to me Zhang San, that's what it means.

The signing of the contract is only a civil transaction, which does not mean that the performance of the contract is completed, and the real estate transaction is subject to the registration and transfer.

Immovable property rights are, of course, valid upon registration.

The contract is also valid, but it is only a contractual claim, not a property right.

The basis of the property right is the effective contractual claim.

Article 9 of the Property Law The creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

Legal basis: Article 215 of the Civil Code The conclusion of a contract between the parties regarding the establishment, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract, unless otherwise provided by law or otherwise agreed by the parties; If the property right is not registered, the validity of the contract shall not be affected.

Legal Analysis: Not all real estate contracts must be registered before they become effective. The ownership of natural resources that belong to the state in accordance with the law may not be registered;

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

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the state in accordance with the law may not be registered;

Legal analysis: The contract itself is signed and sealed by both parties before it takes effect, but the acquisition of real estate rights must be registered before the source of real rights can be changed. Acquisition of ownership of immovable property.

Legal basis: Civil Code of the Stool Orange Bureau

Article 209? The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it will not take effect, except for jujube concessions as otherwise provided by law.

The ownership of natural resources that belong to the state in accordance with the law may not be registered;

Not all contracts of immovable property rights must be registered in order to be effective. The ownership of natural resources that belong to the state in accordance with the law may not be registered;

1. What are the notarization processes of real estate certificates?

The process of notarization of real estate deeds is as follows:

1. Prepare Xiangyun Changsan customs materials and identity certificates. For example, the certificate of personal registration, household registration booklet, and proof of property ownership related to the agreed content;

2. Both parties go to the notary office in person to fill in the relevant ** and handle the notarization of the real estate certificate.

According to the provisions of the Civil Code of the People's Republic of China, the establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the law, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law shall not be registered.

2. Is there a need to go through the transfer procedures for the inheritance of real estate?

To be handled. China's housing implements a real estate registration system, and the establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the law and take effect; Without registration, it shall not take effect, unless otherwise provided by law. Therefore, the heir who inherits the decedent's house must go through the transfer procedures, so that the property right of the house belongs to the heir, and the heir can dispose of the house at will.

3. What are the legal provisions on the ownership of housing property rights?

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the state in accordance with the law may not be registered;

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register;

Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the state in accordance with the law may not be registered;

According to the law, a contract of real estate rights does not have to be registered in order to be effective, because real rights do not affect the validity of the contract. The legal conditions for the contract to take effect are: true expression of intent; Persons with corresponding capacity for civil conduct; The content of the contract shall not violate laws and regulations or public order and good customs; Other statutory effective conditions, etc.

[Legal basis].Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 469.

The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 471.

When a party concludes a contract, it may take the form of an offer, an acceptance or other means.

Not in effect. Real estate rights do not take effect from the time the contract is formed. According to the relevant provisions of the laws of the People's Republic of China, the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of the law, and shall take effect when they are recorded in the immovable property register.

1. Effect of immovable property registration.

The other is the effect of the change in the real right: the creation, alteration, transfer and extinction of the real estate right shall become effective after being registered in accordance with the law. In the case of the general movable property, the real right changes when the legal act occurs, while the immovable property has the effect of changing the real right from the date of registration.

The second is the effect of the presumption of rights, which means that the registered right holder should be presumed to be the legal right holder. Filial piety is the effectiveness of goodwill protection.

2. Does the Civil Code stipulate that a house sale contract without a real estate certificate is valid?

The contract for the sale and purchase of a house without a title deed is valid. According to Article 215 of the Civil Code, unless otherwise provided by law or otherwise agreed in the contract, a contract entered into between the parties regarding the creation, alteration, transfer of property and extinguishment of real estate rights shall take effect upon the conclusion of the contract. If the property right is not registered, the validity of the contract shall not be affected.

3. How to require the signing of a real estate right contract under the Civil Code.

The agreement to sign the real estate title contract has legal effect. Article 215 of the Civil Code of the People's Republic of China: Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties regarding the establishment, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

Article 214 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law, and shall take effect when they are recorded in the real estate register.

Legal Analysis: Not in force. Real estate rights do not take effect from the time the contract is formed.

According to the relevant provisions of the laws of the People's Republic of China, if the creation, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of the law, they shall take effect when they are recorded in the real estate register.

Legal basis: Article 210 of the Civil Code of the People's Republic of China Article 4 The establishment, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of the law, and shall take effect when recorded in the immovable property register.