论不动产买卖合同的效力、登记及所有权转移

在我国不动产买卖中,不动产买卖合同成立生效和不动产买卖登记之间的时间差导致不动产买卖交易中不动产合同生效和所有权转移时间上的不一致。虽然我国立法至今没有对物权行为做出明确的规定,甚至连理论界还对此有所争议,但交易中用物权行为和债权行为的分离理论来分析此问题却是事半功倍。采取不动产登记要件主义或不动产登记对抗主义和所有权的转移更有着直接的联系,但无论采取哪一种主义,在出卖人信用不好、违约成风的情况下都不能有效的保证在先交易的安全,即都不能有效防止一物数卖。本文以为,建立有效的不动产登记与查询制度,尽量缩短合同成立生效与登记行为的时间差才是当务之急。

On the Potency, Registration and Passing of Title of Real Estate Business Contract

In the deal of our country's real estate, the difference between the time when the business contract of real estate becomes effective and its registers caused in the real estate business transaction inconsistent with the passing of title. Although our country's legislation has not made the explicit stipulation, even the theorists also have some dispute, it's really twice the result with half the effort actually to analyze this question by separating the real right behavior from the creditor's rights. Adopting the real estate registration important document principle or the real estate registration resistance principle has more direct relation with the property rights shift, but no matter which principle is adopted in the condition that the human credit is not good and breaking a contract becomes common practice, all cannot effectively prevent a number sells. This article thought that, it's considered to establish the effective real estate registration and the inquiry system, and reducing the time difference is the urgent matter as far as possible.