论未登记物权与租赁权之对抗关系

The Adversarial Relationship between the Unregistered Real Right and Lease Right

未登记物权与租赁权之对抗关系仅指,未登记的物权人能否否认租赁权的存在。仅在租赁物已经交付时,租赁权成为了"取得某种物的支配关系"的债权,具有优先于未登记物权的效力。也就是说,租赁权与物权的效力顺位取决于租赁物的交付和物权的登记何者在先,只要租赁物的交付在物权的登记之前,则无论物权的设定和租赁权设定的先后顺序,租赁权均优先于物权。

The adversarial relationship between the unregistered real fight and lease fight refers to the fact that if one of un- registered real right can deny the existence of the leasehold. Only when the lease item has been delivered, the lease has be- come the right of ＂achieving the dominance relation of some thing＂, which has priority over the effectiveness of the unregis- tered real fight. Sequence that is to say, the effectiveness of the lease and the real right depends on which is first between the delivery of the lease item and the registration of real fight. As long as the delivery of the lease item is before the regis- tration of real right, whenever the set order of real right and lease right, lease right will take precedence over property rights.