中国物权法中不动产物权设立与变动的模式及评价

On Mode of Real Estate Transfer in China’s Property Law

China’s property law established real estate registration system, but there are two different modes. One is “Registration validity doctrine”, and the other is “Registration confrontation doctrine”. Although such “dual” system is much more flexible, it has a confrontation with the theoretical system and institutional system of real right. This kind of “dual” system reveals fatal drawbacks, especially on Trennungsgrundsatz and Abstraktionsprinzip of “Dingliches Verfugungsgeschafte” and “Verpflichtungsgeschafte”, which giving rise to general debate among scholars. It also reflects the “Hors d’oeuveres” phenomenon in China’s theoretical Research and legislation at present, but this phenomenon is conquerable and evitable. Therefore, China’s property law should stipulate unified mode of real estate transference. In view of China’s traditional factors, “Registration validity doctrine” should be adopted.