Legal Judgment of Real Property Registration and De Facto Right of Things
Ya Liu
Abstract
Ya Liu
Abstract
The distinction between de jure right of things recorded in real property register and de facto right of things held by real owner becomes an objective reality.In a legal point of view,the registration publication of real property is an important principle to judge the ownership,whereas the finding of facts is a rarity.There are limits to admit de facto right of things and protect it.The distinction and definition principles should be adopted to coordinate and protect the conflict between de jure and de facto right of things.On the basis of the fact that if the third party interest is involved,the law judge whether de facto right of things has precedence over de jure right of things or not.Then great efforts should be made to improve the relevant system of laws and regulations.There should be different legal reliefs for de facto right of things.
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The distinction between de jure right of things recorded in real property register and de facto right of things held by real owner becomes an objective reality.In a legal point of view,the registration publication of real property is an important principle to judge the ownership,whereas the finding of facts is a rarity.There are limits to admit de facto right of things and protect it.The distinction and definition principles should be adopted to coordinate and protect the conflict between de jure and de facto right of things.On the basis of the fact that if the third party interest is involved,the law judge whether de facto right of things has precedence over de jure right of things or not.Then great efforts should be made to improve the relevant system of laws and regulations.There should be different legal reliefs for de facto right of things.
Key concepts: De facto, Property rights, Property (philosophy), Law and economics, Law, Point (geometry), Political science, Sociology