试论登记的效力——从一起财产分割案件谈起

A Tentative Discussion on the Effect of Registration——An Analysis on a Case of Property-division

登记的效力,外国立法例有登记要件主义、登记对抗主义和托伦斯登记制度三种不同观点。登记是物权变动的要件,具有公示、公信和警示作用。我国法律采取了登记要件主义,但对于登记的范围应加以具体规定。物权变动应与原因行为相区别。动产登记采登记对抗主义。

With regard to the effect of registration, the foreign legislation usually has three different viewpoints ： the conditionalism of registration, the antagonism of registration and Tolance system of legislation. Registration is the condition for the change of real right, which has the function of public announcement, public evidence and warn. As for our country, we have adopted conditionalism of registration however, we should concretely regulate the scope of it, discriminate the change of legal right and act of reason. However, the registration of movable assets should adopt antagonism of registration.