关键词: 不动产, 登记要件主义, 登记对抗主义, 契约自由

Abstract: Although at the beginning of the legislation of the “Property Law”, there was a heated debate on what legislative mode should be adopted for the system of real property right changes. However, in the end China has adopted the legislative mode of the rule of essential registration, which is similar to that in Germany. Most legislative experts generally believe that to adopt the rule of essential registration has the advantages in such aspects as maintaining transaction security, clarifying the property relations, promoting the case hearing of real estate, strengthening the real estate administration and tax collection and management, and so on. But such legislative mode is not really like what the legislative experts said to have very distinct advantages in the above-mentioned aspects. Instead, there are such situations as deviating from the reality of people’s living habits, resulting in violating the autonomy of will of parties and breaching the principle of honesty and credibility in the civil law easily, and at the same time also resulting in a lot of legal dilemmas in judicial practice. However, if the legislation adopts the legislative mode of registration antagonism, then it is easy to overcome the above drawbacks and win the ordinary people’s recognition, respect and compliance. Therefore, we hope that in the future when the “Property Law” is being revised, sufficient consideration and attention are to be given to this kind of legislative mode.

Key words: real estate; the rule of essential registration; registration antagonism; freedom of contract