论文部分内容阅读
“公示公信原则”是物权法中最重要的原则之一。通常认为,动产通过占有公示,而不动产通过登记公示。登记的目的在于公示,在于保障不动产交易的安全,但是由于这种权利外表和权利标的的分离,极易导致形式上的权利和权利的真实情况出现偏差。因此为了极力防止实体的物权变动和登记簿册的记载发生龌龊,对于影响物权变动的效力的因素加以审查也就是题中应有之意。因此,如何在交易的便捷和登记的准确性之间做出权衡是登记制度的重要课题之一。一、德国不动产登记制度的历史发展德国的不动产登记实行权利登记制,即登记除公示效力外,还有物权变动的确定效力,登记有公信力。但是,在登记审
“Public credibility principle ” is one of the most important principles in the law of property. It is generally assumed that movable property is owned by publicity and real property is registered and publicized. The purpose of registration is publicity, is to protect the security of real estate transactions, but because of the appearance of such rights and the separation of the subject matter of rights, can easily lead to the deviation of the real situation of the formal rights and rights. Therefore, in order to make every effort to prevent changes in the real property rights and the registration book, the factors that affect the validity of the change of real rights should also be examined. Therefore, how to make a trade-off between the accuracy of registration and trade-off is one of the important issues in the registration system. First, the German real estate registration system, the historical development Registration of real estate in Germany to implement the right registration system, that is registered in addition to publicity effectiveness, there are changes in property rights to determine the effectiveness of registration with credibility. However, in the registration trial