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《物权法》的颁布解决了我国《合同法》中合同无效制度存在的一些不合理问题。将批准、登记按其性质分为四类可以得知,只有第一类影响合同的效力,其他的登记只是作为物权转移的生效要件或公示要件,甚至仅起备案的作用,这就大大缩小了没有履行批准、登记手续的合同被认定无效的范围。同时,《物权法》对登记要件和登记对抗两种模式的选择,可以从更高的立法层面上全面理顺合同效力与物权效力的关系。
The promulgation of “Property Law” has solved some unreasonable problems existing in the contract invalidation system in China's Contract Law. Dividing the ratifications and registrations into four categories according to their nature shows that only the first category affects the validity of the contract and the other registrations merely serve as effective elements or publicity requirements for the transfer of property rights or even act as a filing only, The scope of the contract that was not validated and registered was found invalid. At the same time, the “property law” on the registration requirements and registration confrontation two modes of choice, from a higher legislative level to fully rationalize the effectiveness of the contract and the relationship between the effectiveness of real rights.