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我国《物权法》第十九条大致以德国法为基础,从申请人的资格、条件、程序、期间以及异议登记错误所引起的赔偿责任方面,对不动产异议登记制度作出基本规定,但对于不动产异议登记期间异议登记法律效力却没有规定。对于不动产异议登记的阻断登记公信力的基本法律效力,即在异议登记期间,第三人不能依据登记公信力取得物权,对于这一点,各国法律和学者都持一致意见。但对于异议登记的效力是否禁止登记名义人行使争议不动产的处分权,各国立法上有不同规定,学者也持不同意见。笔者从各国关于异议登记法律效力的规定比较法分析出发,结合我国现行法律体系,分析我国异议登记的法律效力。
Article 19 of the “Property Law” of our country is basically based on the German law. It provides basic provisions on the registration system of objection to real property from the aspects of the qualifications, conditions, procedures and period of the applicant as well as the liability for errors caused by registration errors. However, There is no stipulation on the legal effect of opposition registration during registration. As for the basic legal effect of blocking registration credibility of registration of real estate objections, that is, during the period of opposition registration, the third party can not acquire the property rights based on the credibility of registration. For this reason, all laws and scholars in the country agree unanimously. However, scholars have different opinions on whether the effectiveness of opposition registration prohibits the registration of the nominal persons’ right to dispose of the real estate in dispute. Different countries have different provisions in their legislation. Based on the comparative law analysis of the legal validity of opposition registration in various countries, the author analyzes the legal validity of the registration of opposition in our country based on the current legal system in our country.