exists the regulation of system

A case impose difficult solution program entwine

Who has a value of wang mou of ningbo 345 yuan villas, wang mou's wife ZhengMou secretly villa sold to study a. ZhengMou took wang mou before id, find a seemingly husband man went to FangChanJu with buyers dealt with register formalities of registration, and then after there. Wang mou to recover, the ownership of the villa to yinzhou district people's court administrative litigation, for canceling housing ownership transfer registration.

Court trial think, according to the law about the good faith acquisition of immovables of the assigner shall have the right to dispose realty, if the transferee out of goodwill, and I did not know that has no right to dispose the disciplinary right person without, and pay the reasonable price, the houses to register words, then constitute the good faith acquisition of real estate. Item, have a a good-will vendee according to the "good faith acquisition system" has obtained the ownership of the building and its original owner wang mou lost housing ownership. According to the measures of a building to register the provisions of article 81, should first to protect the interests of a third person in good faith. From the Angle of risk control, wang mou as long as pay attention, house property card, id safey, can prevent disputes occurs. So verdict rejected wang mou's original lawsuit.

Yinzhou district people's court judge introduction, this verdict in the administrative lawsuit to a dispute of civil, administrative disputes packaged with a processing, one-time solve the disputes, reduce litigants lawsuit tired. However, due to the case of civil trial also apply the part of administrative litigation procedure and rule, therefore, case trial ended, wang mou's attorney, to a collegial panel questioned: "today's trial exactly is administrative litigation or civil lawsuit?"

"Because of the administrative lawsuits trial key point is to 'specific administrative act, examine the legitimacy of the" instead of "the effectiveness of real right change. In a judge' administrative ruling, whether belong to the third party 'good faith acquisition' judgment, whether it be judged would still negative, will incur the parties' administrative trial up civil 'questions, this is indeed procedure cannot handle problems." The judge said.