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我国《物权法》明确规定除《物权法》明确列明的几种特殊情况外,不动产物权的设立、变更、转让和消灭,应当依法进行登记,未经依法登记不发生法律效力。在现实生活中存在大量的因为各种原因而没有依法进行产权登记的房屋①,这些情况往往使法官在制作判决书时产生很大分歧和疑惑,有些法官认为这些房屋归当事人所有,有些法官认为当事人不能取得房屋的所有权,只能是使用这些房屋。本文针对没有依法进行产权登记的房产一般情况和特殊情况,通过相关案例来分析在审判过程中如何处理这些房屋。
China’s “Property Law” clearly stipulates that in addition to the “Property Law” clearly specified in several special cases, the establishment, alteration, transfer and elimination of real property rights should be registered in accordance with the law, without lawful registration without legal effect. In real life, there are a large number of houses that have not been legally registered due to various reasons. These situations often lead to disagreements and doubts about the judges when making the judgments. Some judges think the houses are owned by the parties. Some judges think that the parties Can not get the ownership of the house, only to use these houses. This article analyzes the general situation and special circumstances of real estate without the registration of property rights according to the law and analyzes the handling of these houses during the trial through the relevant cases.