论不动产交易中善意第三人的保护

A Study on Protection of the Third Party Acting in Good Faith on the Change of Real Property

不动产交易中善意第三人的保护问题涉及物权法和合同法 ,德国民法、日本民法分别采纳登记生效要件主义、登记对抗要件主义立场。本文分析了这两种立法主义在不动产二重买卖、连续买卖中对善意第三人利益的影响 ,认为两种立法主义并无实质性区别 ,但登记生效要件主义适合我国现实 ,我国物权立法应采取登记生效要件主义立场。

The protection of the third party acting in good faith on the change of real property is connected to the real right law and contract law. As for registration, the test of effection was adopted by German civil law; the test of adverse registration was adopted by Japanese civil law. The author analyses the effect of two tests on the third party acting in good faith on the change of two times sale and switch sale of the real property. The author thinks there is no radical difference on two tests of registration.But in our country,real right law should adopt the test of effection.