Link to the first part: "Tao" listens to "Way" and "Way" talks about the general rules of property rights in the Civil Code (Part 1)

3、Classification of real estate registration: advance notice registration, objection registration and correction registration

Article 221 of the Civil Code provides for advance notice registration, and Article 220 provides for objection registration and correction registration. Article 3 of the Interim Regulations on Real Estate Registration stipulates the first registration, change registration, transfer registration, cancellation registration, correction registration, objection registration, advance notice registration, sealing up registration, etc. Here, we focus on the notice registration, objection registration and correction registration around the Civil Code.

（1）Advance notice registration

The first half paragraph of the first paragraph of Article 221 of the Civil Code stipulates that: "The parties may apply to the registration authority for advance notice registration in order to ensure the realization of the real right in the future by signing the agreement on the purchase and sale of houses or the agreement on the real right of other real estate." Article 85 of the Detailed Rules for the Implementation of the Interim Regulations on Real Estate Registration stipulates several typical situations of advance notice registration: the advance sale of real estate such as commercial houses; Real estate trading and mortgage; To set mortgage on the pre purchased commercial housing; Other circumstances stipulated by laws and administrative regulations.

The second half of the first paragraph stipulates: "After the advance notice registration, if the real estate is disposed of without the consent of the obligee of the advance notice registration, it will not have the effect of biological rights". Advance notice registration is a concept corresponding to this registration, which refers to the advance registration applied to the registration authority to ensure the realization of a claim for creditor's rights that aims to change the property right in the future. The legal effect of advance notice registration includes: ensuring the realization of real right in the future; Effectiveness against the third party; Effectiveness of preservation of order; Effectiveness of bankruptcy protection; Effectiveness against execution. The second paragraph also stipulates the invalidity of advance notice registration, that is, "after the advance notice registration, if the creditor's right is extinguished or no application for registration is made within 90 days from the date when the real estate registration can be carried out, the advance notice registration shall be invalid".

Derivation: The advance notice registration often aims at the situation of "more than one house for sale" in practice. In order to protect the legitimate rights and interests of house buyers, there are supporting measures in practice for "more than one house for sale": one is the advance notice registration system stipulated in the Civil Code; The second is the online sign system in the field of real estate transactions. Unlike the advance notice registration, which mainly records information about property right changes, the online sign information is more detailed and specific, including real estate development enterprise information, such as enterprise qualification certificate number, bank credit rating, etc., as well as property information, such as greening rate, floor area ratio, spacing, total building area, etc., and the number of commercial housing pre-sale license or real estate certificate number (large property certificate), etc; The third is the house purchase contract filing system. Compared with the three methods, advance notice registration has the strongest legal effect. Without the consent of the advance notice registrant, the real estate cannot be disposed of, followed by the house purchase contract filing system, and finally the online signature system.

(2) Correction registration and objection registration

The first paragraph of Article 220 of the Civil Code stipulates: "If the obligee or interested party believes that the items recorded in the real estate register are wrong, they may apply for correction of registration. If the obligee recorded in the real estate register agrees to correct in writing or there is evidence to prove that the registration is indeed wrong, the registration authority shall correct it."

The second paragraph stipulates: "If the obligee recorded in the real estate register does not agree to the correction, the interested party may apply for objection registration. If the registration authority grants objection registration, and the applicant does not bring a lawsuit within 15 days from the date of objection registration, the objection registration shall become invalid. If the objection registration is improper and causes damage to the obligee, the obligee may claim damages from the applicant."

Judicial practice: Common cases of correction and objection include "buying a house under a borrowed name" and "selling a house under a false name".

For buying a house by borrowing a name, it means that a certain civil subject (i.e. the borrower) actually invests, borrows the name of another civil subject (i.e. the borrower) to purchase real estate and register it in the name of the borrower. Dispute: whether the borrower can claim that the registration book is wrong based on his true ownership of the house, and request the court to confirm his ownership of the house, and then apply for correction of registration to register himself as the ownership of the house; Or to file a payment lawsuit against the borrower and request the court to judge the borrower to assist in the transfer registration of housing ownership. The local courts have a tendency to change from property disputes to claims disputes, and the Supreme People's Court has a tendency to support property disputes. The trial rules determined in Article 15 and Article 16 of the Guiding Opinions of the Beijing Higher People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Housing Sales Contracts (for Trial Implementation) (JGFF [2010] No. 458): if it can be proved that it is indeed a case of buying a house by borrowing a name, it can be supported if the borrower requires the transfer of the ownership of the house according to the contract. However, the house cannot be registered for transfer according to law due to the closure of the registrant's creditor or other reasons, or it involves the interests of a third party in a bona fide transaction. In addition, it can only prove the contribution to purchase a house, but can not prove that the purchase of a house by borrowing a name or the borrowing of a name violates the policies and laws, and the claim that the house belongs to him or requires the transfer of the ownership of the house is not supported. Subsequently, Article 9 of the Minutes of the First Civil Division of the Beijing Higher People's Court on Properly Handling Several Issues Concerning Housing Purchase and Sale Contract Disputes Involving the Housing Purchase Restriction Policy further strengthened the regulation of violation of the policy, and the request to confirm the ownership of the house or to handle the housing transfer registration due to the purchase restriction on borrowing the house was not supported; If the borrower meets the housing purchase restriction policy due to the change of its own conditions or adjustment of the policy, the registrant may be judged to handle the housing transfer registration procedures for it. Coincidentally, Item (5) of Article 8 of the Guidelines for the Handling of Civil Disputes over Real Rights of Shanghai Higher People's Court (General Provisions), from the perspective of buying a house by borrowing a name as an agent, determines that the property acquired by the trustee based on the agency act should also be owned by the client. Once there is a dispute over ownership, it is still necessary to find out the true state of real rights, rather than simply the apparent state of property publicity, The real right shall be enjoyed by the anonymous real right holder. According to Article 10 of the Minutes of the Beijing Higher People's Court on Several Difficult Issues Concerning the Trial of Disputes over Housing Sales Contracts (JGFF [2014] No. 489), "if the borrower brings a lawsuit against the lender (registrar) as the defendant, and requests to confirm that the house belongs to him, the court shall explain to him, inform him that he can bring a lawsuit against the contract, and require the lender to go through the housing transfer registration procedures for him." The Supreme People's Court, from Article 2 of the Judicial Interpretation of the Real Right Law (I) to Article 2 of the Judicial Interpretation of the Civil Code Real Right Compilation (I), stipulates that: "If the parties have evidence to prove that the records in the real estate register are inconsistent with the real right status, and they are the real obligees of the real property right of the real estate, and request to confirm that they enjoy the real right, they shall be supported."

For selling the house under a false name, the Seller transfers the house without authorization by using the name of the house owner, such as forging the identity certificate of the owner, finding someone with similar appearance to act as the owner for transaction and the name owner. As for the validity of the contract and the ownership of the house, local courts in different regions have given different answers in different periods and from different angles: Article 17 of the Guiding Opinions of the Beijing Higher People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over House Sales Contracts (for Trial Implementation) (JGFF [2010] No. 458) stipulates that the registrant transfers the house registered in its name to others without authorization, Where the borrower requests to confirm the invalidity of the sales contract on the ground that it has actual rights over the house, it shall not be supported, except that the borrower can prove that the buyer knows or should know that the house has been registered in the name of borrowing. If both the buyer and the borrower require to continue to perform the contract, it shall be determined fairly and reasonably by taking into account whether the registration is completed, whether the house is actually legally occupied, the amount and order of actual payment, whether online signing has been handled, and the order of contract establishment. According to Article 8 of the Minutes of the Meeting of the Beijing Higher People's Court on Several Difficult Issues Concerning the Trial of Housing Sales Contract Disputes (JGFF [2014] No. 489), the housing sales contract can be determined to be invalid by reference to the provisions on unauthorized agency. The contract has no binding force on the owner of the house, except that the buyer has evidence to prove that it constitutes an agency by estoppel. If the buyer believes that the formation of the legal appearance of the seller's right of agency is not attributable to the owner of the house, it does not constitute the apparent agency specified in the preceding paragraph. Item (5) of Article 8 of the Guidelines of Shanghai Higher People's Court on the Elements of Handling Civil Disputes over Real Rights (General Provisions) explains that if a transaction is directly conducted with a third party in the name of the trustee itself, the third party has the option to claim the validity of the contract and the transaction object and complete the transfer of the transaction object.

With regard to the purchase of a house by borrowing a name, the sale of a house under a false name, and the registration of corrections and objections, it is not only because of the interweaving of the real right act and the creditor's right act, the interests of the parties and the third party, and other substantive issues, but also because of the procedural issues mentioned in the previous paragraph, such as the objection to execution and the objection to execution, the withdrawal of the third party, and the application for retrial by an outsider, which are complicated. The above-mentioned court rules are for reference only. More specific analysis should be made in combination with the evidence facts of each case and the demands of the parties, and each case should be discussed separately. It is also expected that the colorful cases in practice will contribute to the typological study of this part.

4. Real Estate Registration Query: Proper Rights and Reasonable Exercise

(1) The obligee and interested party may apply for inquiring and copying the real estate registration materials

Article 218 of the Civil Code stipulates that "obligees and interested parties may apply for inquiry and reproduction of real estate registration materials, which shall be provided by the registration authority." In the legislative process, there are different opinions on who can query and copy the registration data. There is a view that anyone can query and copy, and all the public can query. This view is mainly based on the following three reasons: the first reason is that the purpose of property publicity is to open the registration data, so that the public can know the status of property ownership. The second reason is that if the obligee chooses to register, the registration act itself shows that he does not regard the content to be registered as personal privacy, and the registered information is intended to be made public, so it does not belong to the category of privacy or trade secret. The third reason is that if some people can query and copy, while others cannot, some restrictive provisions need to be made, which requires high costs in actual operation. Another view is that it is unnecessary for the obligee who enjoys the real estate property right but does not want to conduct transactions to make the real estate property right registration information known to the public.

After research, it is believed that the original meaning or real purpose of property publicity is not to require the whole society to know the information of specific real estate. Although the publication of property rights is aimed at unspecified people, this unspecified person is not the person of the whole society. As long as the registration materials can meet the requirements of the persons other than the parties to the contract or the obligee of the real right who may have contact with the real right, the purpose of registration and publication of the real right will be achieved. [4] According to the Interim Measures for Inquiry of Real Estate Registration Data, obligees include obligees, heirs, legatees, liquidation teams, bankruptcy administrators, guardians and other subjects who are legally entitled to manage and dispose of real estate rights recorded in the real estate register. The interested parties include: those who have formed an interest relationship due to the sale, exchange, gift, lease or mortgage of real estate; The interest relationship is formed due to the existence of a civil dispute over the real estate and the fact that a lawsuit or arbitration has been filed; Other circumstances stipulated by law.

（2）The interested parties shall not disclose or illegally use the real estate registration materials

Article 219 of the Civil Code stipulates: "The interested parties shall not disclose or illegally use the real estate registration materials of the obligee." The General Provisions of the Civil Code stipulates in the chapter of "Civil Rights" that the information of natural persons is protected by law. Any organization or individual that needs to obtain the personal information of others shall obtain and ensure the disclosure of the information according to law, and shall not illegally collect, use, process or transmit the personal information of others, or illegally trade, provide or disclose the personal information of others. It is also a reflection of personal information protection that the real estate registration data should not be disclosed and used illegally in the property rights.

The above is based on the text analysis of civil juristic act real estate registration, which is relatively long. In order to understand the structure system, the legal rules involved in the real estate registration system are mapped as follows:

The real right of immovable property takes registration as the means of publicity. Correspondingly, the real right of movable property takes possession and delivery as the means of publicity. Possession mainly plays a public role in the real right of movables under static conditions, that is, without the change of biological rights; The delivery is mainly in a dynamic situation, that is, in the event of changes in property rights to play the role of publicity of property rights.

（二） In principle, the change of the real right of movable property based on civil juristic acts takes delivery as the effective element, and some adopt the registration confrontation element

1. General movable property acquisition and delivery effectiveness doctrine

Article 224 of the Civil Code stipulates: "The establishment and transfer of the real right of movable property shall become effective upon delivery, unless otherwise stipulated by law". With regard to the change of the real right of movable property, the legislative mode of combining the will doctrine with the delivery is adopted. That is to say, when the real right of movable property is established and transferred, in addition to the creditor's rights between the parties, it needs to be delivered to make the real right change effective [5]. This is the general principle of the change of the real right of movable property. However, in some special cases, considering the need for convenient transactions, the Civil Code also recognizes some alternative methods, including the registration of special movable property as the antagonistic element of the change of real right stipulated in Article 225; "Concept delivery" as stipulated in Articles 226 to 228; Article 229 to 231 changes in the real right that are not based on legal acts; Article 403 For chattel mortgage, the effectiveness of the mortgage contract shall be the constituent element of the change of the real right mortgage, and the registration shall be the antagonistic element of the change of the chattel mortgage.

2、Antagonism of special movable property acquisition registration

Article 225 of the Civil Code stipulates: "The establishment, change, transfer and extinction of the real right of a ship, aircraft, motor vehicle, etc. shall not act against a bona fide third party without registration." Article 9, paragraph 1, and Article 13, paragraph 1 of the Maritime Code stipulate that the ownership and mortgage of a ship shall be registered with the ship registration authority and shall not act against a third party without registration. Article 16 of the Civil Aviation Development stipulates that the mortgage of civil aircraft shall be registered with the competent civil aviation authority. Without registration, it shall not act against a third party. According to Articles 8 and 12 of the Road Traffic Safety Law, the state implements a registration system for motor vehicles, which are registered by the traffic management department of the public security organ. Where the ownership of a motor vehicle is transferred or used as a mortgage, corresponding registration shall be carried out.

Civil law generally holds that ships, aircraft and automobiles are regarded as a kind of immovable property in law because their value exceeds movable property, and the change of their real right should be made public by registration. However, in terms of the effectiveness of registration, the registration effectiveness doctrine is not adopted. This is because ships, aircraft and motor vehicles have their own attributes of movable property, and the change of their property rights does not take effect at the time of registration. The theory of "agreement+delivery" should be adopted. The transfer of their ownership generally takes effect at the time of delivery, and their mortgage rights are established when the mortgage contract takes effect. However, the law stipulates a registration system for movable property such as ships, aircraft and automobiles. If the change of the property right is not registered in the registration department, it will not generate social credibility and cannot fight against a bona fide third party.

3、Concept delivery

        The above are the actual delivery of movable property. The Civil Code also stipulates the special delivery or conceptual delivery of movable property in three articles, that is, the delivery under special circumstances such as the obligee's first possession of movable property, the third person's possession of movable property, and the transferor's continued possession of movable property. The mind map is as follows:

(1) First possession (simple delivery), the real right takes effect when the civil juristic act takes effect

According to Article 226 of the Civil Code, the first possession or simple delivery is only that the transferee has first possessed the movable property before the change of the real right of the movable property. If the transferor establishes and transfers the real right of the movable property, and the transferee obtains the real right of the movable property according to the legal act, the publicity of the real right of the movable property has been completed in advance, and the transferee of the real right has been able to exercise the real right according to the exclusivity of the real right, so there is no need to deliver the real right again. If the transferee has actually possessed the movable property through entrustment, lease, loan and other means before the transferor transfers the real right of the movable property again, the delivery shall be deemed to have been completed from the effective date of the contract for transferring the ownership of the subject matter.

(2) The property right changes when the agreement of both parties on the transfer of the right of claim comes into effect

According to Article 227 of the Civil Code, directed delivery means that when the transferor establishes or transfers the real right of the movable property, because the movable property is in the possession of a third person, the transferor cannot make actual delivery, and transfers the third person's right of return to the transferee instead of actual delivery. Instruction delivery is also called the assignment of the right of return claim or the subrogation of the right of return claim theoretically.

With regard to the nature of the right of return, some opinions hold that the right of return transferred by the transferor in the delivery of instructions only refers to the owner's right of claim on property, not the right of claim; Some opinions hold that when a third party has the right to occupy the movable property based on the lease or borrowing contract, the transferor only transfers the claim on the creditor's right to the transferee; It is also suggested that the right to request the third party to return the original object in the instruction delivery includes both the right to claim the real right of the real right and the right to claim the return of the creditor's right. The Civil Code adopts the third opinion.

Note: Compared with Article 26 of the Property Law, Article 227 of the Civil Code deleted the word "according to law", allowing unauthorized possession without legal basis to take the form of delivery by instruction, expanding the scope of application of delivery by instruction. The "third party" specified in this article refers to the party that can directly occupy and control the transferred subject matter in a physical sense, including both authorized possession and unauthorized possession. In the case of instructed delivery, the third party before the establishment and transfer of the real right of the movable property can not only legally occupy the movable property as the subject matter of the transaction, but also occupy the movable property for reasons such as tort and unjust enrichment.

(3) The ownership is changed, and the real right becomes effective when the agreement that the transferor will continue to occupy the movable property comes into effect

According to Article 228 of the Civil Code, the modification of possession refers to the agreement between the transferor and the transferee that the transferor will continue to occupy the movable property and the transferee will obtain the indirect possession of the movable property to replace the actual delivery when transferring the real right of the movable property. In the modification of possession, the actual possession of the subject matter has not changed, and the transferor is still the direct or indirect possessor of the subject matter, but the transferee has obtained de facto control over the subject matter based on certain legal relationships. Although the subject matter continues to be occupied by the transferor, the transferee has already obtained the ownership of the subject matter, so it is necessary to protect the legitimate rights and interests of the transferee according to law.

The system of possession modification originated from the possession agreement in the Roman law. During the Roman law period, the transaction forms were very strict, for example, the "things" in the Roman law were divided into the "things" and the "things". The "things" were the things that were transferred to others through the sale of the "things"; while the "things" were mostly embodied in intangible things such as creditor's rights, inheritance rights, urban servitude, etc.). The transfer of ownership could only take place after transfer or delivery, which made the transaction form extremely rigid, It hinders the development of the transaction, so we have to expand the content of assignment to ease this contradiction by means of possession agreement. Later, the concept of possession agreement was accepted by the civil law system. The German Civil Code, the French Civil Code and the "civil law" of Taiwan have all stipulated this, that is, the possession modification system stipulated in this article.

Derivation: From the practice of some countries and regions, the assignment guarantee is actually set in the way of possession modification, and the possession modification system can be said to lay a legal foundation for the development of the assignment guarantee system. However, due to the weak role of the publicity of possession modification, its application in the setting of pledge right and bona fide acquisition is limited. Article 429 of the Civil Code stipulates that "the pledge right shall be established when the pledgor delivers the pledged property", and Chinese law denies the creation of the pledge right through possession modification. Article 311 of the Civil Code stipulates that one of the requirements of bona fide acquisition is that the transferred immovable property or movable property should be registered according to the law, and those that do not need to be registered have been delivered to the transferee. It is worth discussing whether the "delivery" mentioned here includes possession modification, that is, whether the bona fide transferee can obtain the ownership of movable property by means of possession modification. There has always been a dispute between the theoretical and practical circles. The author believes that the bona fide transferee cannot obtain the ownership of movable property by means of possession modification. For the specific theory, comparative law and theoretical analysis, see the detailed discussion in the "bona fide acquisition system" of the next article "Special provisions on ownership acquisition".

（三） Property right change not based on civil legal act (no distinction between movable property and immovable property)

The establishment, change, transfer or elimination of the real right must be made effective through a certain way so that people can be aware from the outside. The publicity of the real right determines the effectiveness of the real right. The previous article has respectively stipulated the publicity methods such as real estate registration and movable property delivery and their real right effectiveness. The following is the case where the effect of the change of real right directly occurs in accordance with the provisions of the law instead of the general principle of publicity of the change of real right.

1. Acquisition of real rights by judicial acts of people's courts and arbitration institutions or administrative acts such as government expropriation

Article 229 of the Civil Code stipulates: "Where the establishment, change, transfer or extinction of the real right is caused by the legal document of the people's court or arbitration institution or the expropriation decision of the people's government, it shall become effective when the legal document or expropriation decision takes effect." The establishment, change, transfer or extinction of the real right is not based on the will expression of the original obligee, but a change of the real right initiated without the original obligee or even when the law consciously excludes the intention expression of the original obligee. Such change does not follow the general principle of real right publicity, but is a direct provision of the law.

(1) The legal document of the people's court or arbitration institution directly leads to the establishment, change, transfer or elimination of the real right, which shall come into force when the legal document takes effect

About which legal documents can cause property right changes without registration or delivery. In terms of the form of legal documents, legal documents include not only court judgments, rulings, decisions, mediation statements, orders, notices, etc., but also arbitration awards and arbitration mediation statements. From the perspective of the nature of legal documents, they can also be divided into deterministic judgment, performative judgment and formative judgment. Article 7 of the Judicial Interpretation of the Property Code of the Civil Code stipulates that: "The judgments, rulings and mediation statements that change the original property right relationship made by the people's courts and arbitration institutions in cases such as the division of jointly owned immovables or movables and that come into force according to law, as well as the verdict on closing a deal by auction, the verdict on closing a deal by selling, and the verdict on paying debts in kind made by the people's courts in the execution procedure, shall be recognized as the people's courts that lead to the establishment, change, transfer, or elimination of property rights as mentioned in Article 229 of the Civil Code Legal documents of arbitration institutions. " It is clear that the legal documents that can lead to the change of property rights refer to the formative documents, and the payment documents and confirmation documents cannot lead to the change of property rights.

About the time of property right change under legal documents. The effective time of different legal documents is different, so the time of property right change is also different. According to the Civil Procedure Law, for the first instance judgment that allows appeal made by the local people's court at all levels, the effective time of property right change is the date when the appeal period expires; With respect to the first instance judgment made by the local people's court at all levels that is not allowed to appeal, the second instance judgment made by the intermediate court or above, and the first instance judgment made by the Supreme People's Court, the change of property right shall take effect immediately after the legal document is served. In accordance with Article 57 of the Arbitration Law, the arbitral award shall be legally effective from the date of its making. In addition, according to Article 29 of the Provisions of the Supreme People's Court on Auction and Sale of Property in the Civil Enforcement of the People's Court, after the auction of a real estate or a registered specific movable property is completed or the debt is paid, the ownership of the real estate or specific movable property is transferred from the time the auction is completed or the debt payment order is delivered to the buyer or the transferee.

(2) The expropriation decision of the people's government directly leads to the establishment, change, transfer or extinction of the real right, which takes effect when the expropriation decision takes effect

Expropriation refers to the behavior that the government forcibly obtains the ownership or use right of unit and individual property by means of administrative order. Expropriation is an act of exercising public power, which is mandatory. The first paragraph of Article 243 of the Civil Code stipulates that: "In order to meet the needs of the public interest, collective owned land, organizations, individual houses and other immovable properties can be expropriated in accordance with the limits of authority and procedures prescribed by law." In addition, according to the provisions of the Land Administration Law, when the state expropriates land, the people's government at or above the county level should make a public announcement, playing a public role.

There are different views on when the government's expropriation decision causes the change of property rights to take effect. One view is that as long as the government makes a decision on expropriation and delivers it to the counterpart, it will become effective; Another view is that the government must make a public announcement after making the expropriation decision, and the decision will take effect from the date of the announcement. According to the tendency of judicial practice, in combination with the provisions of Article 243 of the Civil Code, the expropriation must meet the three requirements of public interest, legal authority and legal procedure, and compensation according to law. The effectiveness of the expropriation decision should have a specific meaning. After the expropriation compensation is completed, the expropriatee has not filed an administrative review or lawsuit against the expropriation decision, or has filed an administrative lawsuit or the original expropriation decision is maintained after the administrative review, The expropriation decision takes effect.

2. Acquisition of real right by inheritance

Article 230 of the Civil Code stipulates: "Where a property right is acquired through inheritance, it shall take effect from the beginning of inheritance." It can be seen that the time when inheritance begins is the time when the heir obtains the real right. Whether it is statutory inheritance, testamentary inheritance, or bequest; Whether the estate is real property or movable property, the estate shall be transferred to the successor or legatee at the beginning of inheritance.

As for the starting time of succession, according to Article 1121 of the Succession Code, succession begins when the decedent dies. The death of the decedent includes both natural death and declaration of death. For natural death, in our country, the standard of natural death is that respiration, heart and pulse stop and pupil dilate. If a natural person dies in a hospital, the time recorded on the death certificate shall prevail. [14] As for the declaration of death, according to the provisions of Article 48 of the Civil Code, the date of death determined in the judgment of the people's court is the time when succession begins.

Note: In practice, there may be situations where several people with mutual inheritance relationship die in the same event and the time of death cannot be determined. The time of death is determined according to Article 1121 of the Civil Code, that is, it is presumed that no other successor will die first. If the deceased have other successors, it is presumed that the elder will die first if several of the deceased have different generations; If several deceased persons have the same seniority, they are presumed to have died at the same time. They do not inherit from each other, but their respective successors inherit from each other.

3. Real right changes due to legal construction, demolition and other factual acts

Article 231 of the Civil Code stipulates: "Where a real right is established or extinguished due to legal construction, demolition or other factual acts, it shall become effective when the actual implementation is achieved." The so-called factual behavior refers to the behavior that the actor may not have the intention to occur, change or eliminate the daily civil legal relationship subjectively, but can objectively cause such consequences. For example, building houses with steel bars, cement, bricks and stones; Use wood and board to make furniture; Sewing clothes with cloth, needle and thread; Demolition of built houses by blasting; Burn the finished furniture; The act of discarding the sewn clothes does not take the expression of human will as the element or necessary condition for its effectiveness, but it will cause certain civil legal consequences due to legal provisions.

Factual acts are not affected by whether the actor has the capacity to act or not and his intention. No matter whether the parties have unintentional intentions, such intentions do not play a decisive role in the consequences of the act. Even if the parties have no intention, such intention does not play a decisive role in the consequences of the act. Even if the intention of the parties to change the real right occurs in their hearts, from the perspective of legislation and judicial adjudication, we do not regard the internal intention of the parties to change the real right as the decisive factor. This is the key to distinguish factual acts from legal acts. The change of real right based on factual behavior is different from that based on natural events. Factual behavior is human behavior, while natural events are caused by natural causes. There are two kinds of natural facts: one is the state, that is, the continuation of some objective circumstances, such as unaccounted for, continued failure to exercise rights, and minors who have reached adulthood; The other is an event, that is, the occurrence of some objective circumstances, such as human life and death, fruit falling from neighboring areas, and the occurrence of force majeure.

Regarding the identification of "legal construction", we should grasp the following principles: first, we should obtain the building with legal procedures, including completing specific approval procedures, obtaining legal land rights, and meeting the planning requirements; Second, we can refer to the judgment standards of construction project contract cases, which are generally the four license construction land planning license, construction project planning license, state-owned land use right certificate, and construction license; Third, respect the differences between urban and rural areas, appropriately distinguish between state-owned construction land and housing construction on rural homestead, and respect the lack of approval procedures for housing construction on rural homestead; Fourth, the identification of illegal buildings belongs to the power of administrative judgment, which should not be replaced by justice.

With regard to "illegal buildings", some people hold that illegal buildings cannot obtain ownership, nor can they go through ownership registration, but can only be recognized as having the right of possession; There are also views that illegal buildings cannot be regarded as the object of real estate property rights because of their illegality, and illegal buildings should be demolished and confiscated, but building materials themselves are legal as movable property and can become the object of movable property ownership. However, according to this article of the Civil Code, only legally built houses can have the result of property right change after completion, and illegal buildings cannot have the result of property right change. The illegal building itself reflects a kind of interest, which is the combination of personal movable property and labor services. Even if it has been identified as illegal building by the state organ, no one can dismantle or destroy the illegal building of others without going through the legal procedure to make a decision to dismantle it. In some cases, illegal builders can obtain legal rights by completing formalities.

Note: Article 232 of the Civil Code stipulates: "If a disposition of the real estate right enjoyed in accordance with this section requires registration according to the law, it will not have the effect of biological right without registration." According to Articles 229 to 231 of the Civil Code, the change of real right is also directly effective due to court judgments, government expropriation decisions, inheritance and legal building, without following the general publicity method that should be followed for the change of real right in accordance with civil legal acts. This exception will cause the so-called de facto real right to be separated from the legal real right, This is bound to damage the transaction order and transaction security. Therefore, if the real estate property right is obtained according to the above-mentioned non legal acts, the registration procedures shall be handled as soon as possible if required by law. Any change in the real right of a real estate occurring in accordance with Articles 229 to 231 of the Civil Code shall become effective before registration. The registration here does not have the effect of creating real rights, but publicizes the real rights of real estate that have occurred, which is called "announcement registration" theoretically. This registration is a requirement for the property owner to further dispose of the real estate property right. When the property owner does not dispose of the real estate property right, the law does not require it to register.

Derivation: In the general provisions of the Property Code of the Civil Code, registration matters are mentioned in many places. Registration matters are also mentioned in the specific systems of subsequent ownership, usufructuary right and security interest. To this end, we want to sort out the relevant registration system: first of all, for "registration becomes effective", that is, the change of real estate property rights obtained according to legal acts stipulated in Article 214 of the Civil Code, registration becomes effective in principle; Secondly, it is "registration confrontation", that is, ships, aircraft, motor vehicles and other special movables (quasi immovables) specified in Article 225 of the Civil Code, land contractual management rights (usufructuary rights) specified in Article 335, easement (usufructuary rights) specified in Article 374, chattel mortgage (security interests) specified in Article 403, and confrontation with bona fide third parties without registration; Thirdly, for the "registration announcement", that is, the real estate property rights acquired not according to legal acts as stipulated in Article 232 of the Civil Code shall be registered before being disposed of according to law; Finally, "registration is not necessary", such as the state owned natural resources stipulated in the second paragraph of Article 209 of the Civil Code, the right to use homestead stipulated in Article 365, the "right of the creditor's right transferee to obtain the right of subordination shall not be affected because the right of subordination has not gone through the transfer registration procedures or has not been transferred" stipulated in Article 547 of the Civil Code, and the joint property of husband and wife involved in the marriage and family code shall be registered in the name of the husband and wife, If the other party is a co owner, it may not register.

To show more clearly, the mind map is organized as follows:

三、 Protection of real right

Article 233 of the Civil Code stipulates that: "If the real right is infringed, the obligee can solve it through reconciliation, mediation, arbitration, litigation and other means", that is, the Civil Code inherits the Real Right Law and gives the subject of rights the right to claim for real right.

The right of claim for real right is also called the right of claim for things, the right of appeal against things, the right of appeal against things or the right of appeal based on real right. It includes the right of claim for real right based on ownership or other real rights, and the right of claim for things of the possessor based on possession. The former is the right that the property owner can request to restore the perfect state of the property right or prevent the obstruction when his property right is obstructed or in danger of being obstructed; The latter refers to the right of the possessor to exclude the harm to the possession or to prevent the harm from occurring in his possession of the object. 

（一） Specific content of the right of real claim

Articles 234 to 238 of the Civil Code stipulate the specific content of the right of claim for real right through five articles: request to confirm the right, request to return the original object, request to remove the nuisance, eliminate the danger, request to repair, redo, replace, restore the original state, and request compensation for damages. The author integrates the provisions on the establishment of the right of real claim before and the separate and combined application of the right of real claim after, and works out the following thought map:

Article 239 of the Civil Code stipulates: "The methods of property right protection specified in this chapter can be applied separately or combined according to the situation of infringement of rights." This article, compared with Article 38 of the Property Law, deletes the following sentence: "In case of infringement of property rights, in addition to civil liability, those who violate administrative regulations shall bear administrative liability according to law; those who constitute a crime shall be investigated for criminal liability according to law." In the process of compiling the Civil Code, considering that administrative responsibility and criminal responsibility should be stipulated in administrative law and criminal law, this part of the content has been deleted, but it does not mean that infringement of property rights does not result in criminal responsibility or administrative responsibility.

（二） The right of claim for real right is different from the right of claim for damages

1、The objects protected are different

The right of claim for damages applies to all occasions where the civil rights and interests protected by law are damaged, whether personal rights and interests or property rights and interests. The claim of real right only protects the real right which belongs to absolute right in nature, excluding creditor's rights and civil interests that are not rights.

2、Different requirements apply

The principle of liability fixation is only the principle of liability fixation for damages, not the principle of liability fixation for any civil liability. When applying the way of assuming tort liability as the right of claim for damages, in principle, the infringer is required to have fault, unless the law specifically provides for the application of no fault liability. However, when applying the right of claim as a real right, there is no need to consider whether there is damage or whether the infringer has fault. Even if the infringer has no fault and constitutes an infringement, hindrance or danger of hindrance to the absolute right, he shall also bear the responsibility of eliminating the hindrance and danger.

3、Whether to bear joint and several liability is different

Joint liability is joint liability for compensation, also called joint liability. Only when several infringers bear the tort liability that belongs to the right of claim for damages in nature, can they constitute joint liability. As for the tort liability as the right of real claim, such as returning property, eliminating harm, eliminating danger, etc., it cannot be jointly and severally undertaken.

4、Whether the limitation of action is applicable is different

In principle, the claim for damages applies to the limitation of action, while the claim for real right does not apply to the limitation of action. In this regard, Article 196 (1) (2) and Article 462 of the Civil Code have clear provisions.

After understanding the concept of real right, the basic principles of real right law, the basic theory of real right change and the basic norms of real right protection, we need to understand the specific real right system. First, we will enter the ownership with the most comprehensive power content. For the content, classification and special acquisition methods of ownership, please refer to the next episode of "Tao" Listen to "Way" Theory<Civil Code>Ownership of Property Rights.