不动产登记与事实物权的法律判断

Legal Judgment of Real Property Registration and De Facto Right of Things

不动产登记簿记载的法律物权与真实权利人的事实物权经常不一致。在法律上对不动产物权归属进行判断应当以登记公示为原则,以事实认定为例外,有限度地承认事实物权并予以保护。对法律物权与事实物权冲突的协调与保护应采用区分界定原则,以是否存在交易第三人为基础,判断事实物权与法律物权的优先地位,并完善相关制度,给与事实物权人不同的法律救济。

The distinction between de jure right of things recorded in real property register and de facto right of things held by real owner becomes an objective reality. In a legal point of view, the registration publication of real property is an important principle to judge the ownership, whereas the finding of facts is a rarity. There are limits to admit de facto right of things and protect it. The distinction and definition principles should be adopted to coordinate and protect the conflict between de jure and de facto right of things. On the basis of the fact that if the third party interest is involved, the law judge whether de facto right of things has precedence over de jure right of things or not. Then great efforts should be made to improve the relevant system of laws and regulations. There should be different legal reliefs for de facto right of things.