摘要
《物权法》采用登记要件主义作为不动产物权变动的基本原则,但土地承包经营权作为不动产物权之一,其物权变动方式却与一般的物权变动方式迥然不同。根据不同情况综合采用债权意思主义、登记要件主义和登记对抗主义解决土地承包经营权的确权问题是重大的理论创新。实践中应注意把握不同情况下土地承包经营权登记的不同法律效力。
According to the Law of the People＇ s Republic of China on Property Rights, registration is a compulsory and important document for the parties to change the realty ownership. However, there is a difference between the realty rights and the land contract and management rights in terms of the ownership changes, even though the land contract and management rights belong to one of the realty rights. Besides the principle of registration, meaning principle of the creditor＇ s rights and the agreement between the parties are adopted to identify the land contract rights too in different situations, which is one of the important theoretical innovations in solving the problem of land contract and management rights determination. In practice, due attention should be paid to the different legal forces of land contract management registration in different circumstances.
出处
《广东商学院学报》
2007年第6期87-90,共4页
Journal of Guangdong University of Business Studies
关键词
物权法
土地承包经营权
登记
法律效力
Law of the People＇ s Republic of China on Property Rights
contractual operation right of land
registration
validity of law
