不动产占有人在交易中的权益保护

在不动产一物数卖的多重买卖纠纷中,如何评价不动产占有的法律效力,保护不动产占有人的合法权益,在学理上尚缺乏系统的考察。这既囿于传统物权债权的二分财产权体系思维的困境,又陷于占有、登记法定二元公示方式的窠臼,导致法官在处理该类案件时,常陷入法律适用的两难境地。实证考察当前我国不动产权属登记等现实状况,不动产登记制度仍存在缺乏公信力等问题。而考虑到司法实践已一定程度上认可不动产占有的法律效力,学理上应适度转变物权债权严格二分、占有登记严格二分的传统思维方式,确认不动产占有所包含的实体权益。在实践中强调以相对人知悉为中心的信赖保护,辅之以善意要件证明程序来构建不动产交易秩序。

Protection of Rights and Interests of the Property Possessor in Real Estate Transaction

With regard to real estate transactions in which multiple sales of the same property are in-volved, academics still lack systematic review on how to evaluate the legal effect of real property possession and how to protect the possessor ’ s legitimate rights and interests .The main reasons are predicament of tradi-tional mentality that the real right is separated from creditors ’ right, and accordingly there are two different methods of publicity by which movable property is publicized by possession while real property by registration . Thus, judges often fall into the dilemma in application of law .Besides, there is still lack of credibility based on empirical studies on real property right registration .Considering to some extent the legal effect of real prop-erty possession has been recognized in judicial practice , academics are suggested to deviate from the traditional mentality and to recognize the substantive rights and interests of real property possession .In practice , reliance protection should be emphasized centered on knowing of the party concerned , besides, good faith as procedur-al proof should be required so as to establish the transaction order of real property .