Traditional Culture Encyclopedia - Traditional stories - How to identify the owner of the house
How to identify the owner of the house
I. The most direct way to confirm the ownership of real estate is based on the registration record. Through the registration of the establishment of real estate property rights, transfer, change of the situation to the public, so that the public understand the formation of a real estate property rights on the state. The registration system is very important for the establishment and maintenance of the market economic order. Its role is to determine the ownership of property rights, to resolve conflicts of property rights and protect the security of transactions.
Two, distinguish between the effect of registration and the effect of the contract, can not mechanically understand the effect of registration in the process of transfer of ownership. In practice, many people often confuse the difference between the effectiveness of the contract and the effectiveness of registration. Even some people think, the contract, is to determine the basis of real estate property rights, legal and effective contract, clearly shows the owner of real estate in the end who, to put it bluntly, is to look at the contract to determine the owner. For real estate rights in rem, the registration record is the most direct way to determine the owner of property rights, rather than between the two sides of the legally effective contract, the contract, only the basis of the claim, rather than property rights.
Third, in the same immovable property on the existence of a number of rights, according to the following rules shall distinguish between the rights of the order. If the same immovable property on the existence of two or more contradictory content of the right of property, first of all, the right of the owner shall take precedence over the mortgagee; ownership, mortgage as a right of property shall take precedence over other claims acquired as a result of the contract. Secondly, registered rights shall have priority over unregistered rights.
Legal basis: "People's Republic of China *** and the State Property Law" Article 14 of the establishment of real estate property rights, change, transfer and elimination, in accordance with the provisions of the law shall be registered, recorded in the immovable property registry from the time when the effect occurs.
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