不动产登记案件中民行交叉问题的处理

On the Settlement for Real Estate Registration Dispute of Interrelated Civil and Administrative Factors from Perspective of Property Law

不动产登记同时涉及民事法律关系和行政法律关系,由其引发的纠纷在司法实践中往往呈现民事争议与行政争议交织的状态。基于物权法的"区分原则",不动产登记行为并不会对物权变动的原因行为产生公定力,不动产物权变动根本上取决于民事主体间的意思表示。当事人对于不动产权属有争议的,应直接通过民事诉讼途径解决。在极少数情况下,登记行为对民事权益的实现产生影响,应先通过行政诉讼解决不动产登记的效力问题。同时在处理不动产登记行政案件时,应充分考虑其产生的民事法律效果。

The real estate registration involves both civil legal relationship and administrative legal relationship at the same time. As a result, the real estate registration dispute generally includes both civil and administrative factors. Based on the property law＇s ＂principle of distinction＂, the act of the real estate registration would not generate presumptive legality to the causal act of the property right change. The real property change depends on the declaration of intention between the civil subjects in essence, therefore, whenever the parties have dissents on the controversial real property rights, they could access to the civil procedure directly. In rare cases when the registration act influences the implement of civil right, the force effect of the real estate registration should be confirmed through the administrative procedure. Furthermore, the civil legal effect should be considered adequately as dealing with the administrative cases involving real estate registration.