物权变动中的权利救济

On the Right Relief in Transfer of Real Right

市场经济条件下,物权变动中常常出现出卖人交付动产标的物而买受人未为对待给付;不动产交付前所有权未移转时,“一物数卖”等问题,这些现象易生交易不公和交易风险,有害于出卖人或者买受人的权利保护。本文提出运用所有权保留、特别动产优先权和预告登记制度加以救济。

Under the economic market, transfer of real right often occurs that, the seller sold the movable object but the buyer didn＇t pay for it. At this moment, the ownership of the object has changed, which tends to cause dealing unfairness and risks, and is harmful to the seller＇s right. While the ownership of unmovable object has not transferred, it tends to make one object sold several times, which is bad for the buyer. Therefore, this article brings out title retention, special movables＇ preferential right and forecast register system to relieve it.