- Chinese name
- Transfer of ownership
- Foreign name
- Transfer of ownership
- Applicable
- Registration doctrine
- Methods
- There are usually two types
- Relevant regulations
- Article 72 of General Principles of Civil Law
The right of movable property is generally publicized by possession. Unless otherwise provided by law or agreed by the parties, the ownership of movable property is transferred by delivery without special formalities. Paragraph 2 of Article 72 of the General Principles of the Civil Law stipulates: "If the property is acquired in accordance with the contract or other legal means, the property ownership shall be transferred from the time of delivery of the property, unless otherwise agreed by the parties"
Real estate ownership The registration principle applies to the transfer of real estate, and the ownership of real estate is transferred from the date of registration. Note: For aircraft, ships and vehicles, they belong to movable property, but their value is large and they can be moved, so the law has made provisions for the registration of their ownership transfer. For example, for vehicles, if registration is used as the method of right publicity, their ownership cannot be transferred with delivery, and must handle the change registration of the owner. (Movable property is acquired by delivery ownership , while special movables such as vehicles are obtained due to registration Against a third person Effect of) about House Sales Contract The contract is valid when it is established according to law, regardless of whether the real estate is registered or not. In other words, registration is not an important element for the effectiveness of the housing sales contract, but housing ownership The effective elements of the transfer. We must distinguish between the two, which is also an important reason for buying two houses and marrying two women. If Party A and Party B sign a housing sales contract House delivery It was given to Party B, but no registration was made. At this time, C heard that A wanted to sell the house, so he also proposed to buy A's house. A signed a house sales contract with C, and House transfer Registration. Analysis: According to the above principles, we know that the housing sales contracts signed by Party A and Party B, and the housing sales contracts signed by Party A and Party C, meet the requirements of laws and administrative regulations, so they are legal and effective. Never assume that the housing sales contract between Party A and Party B has not been registered for housing transfer Invalidation of contract 。 This is wrong. In this case, both sales contracts are valid. Because of the registration, C obtained housing ownership For Party B, it can only be undertaken by Party A according to the contract Liability for breach of contract And compensate for its losses. 
