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新的《物权法》首次规定了不动产的异议登记制度。可以说异议登记制度的建立是我国不动产登记的一大进步。这项制度建立的目的在于阻断登记的公信力,保护真正权利人的利益,同时有效地协调第三人的利益。但是由于该项制度的刚刚起步,法律对其的规定还不够明确。本文就《物权法》中未明确规定的不动产异议登记期间登记权利人能否转让其不动产的问题进行探讨,以期对不动产异议登记制度的完善有所裨益。
The new “Property Law” provides for the first time the real estate objection registration system. It can be said that the establishment of the opposition registration system is a big step forward in the registration of real property in our country. The purpose of establishing this system is to block the credibility of registration, protect the interests of genuine rights holders and at the same time effectively coordinate the interests of third parties. However, due to the fact that the system has just started, its provisions by law are not clear enough. This article probes into the problem of whether the right holder can transfer the real property during the real estate objection registration which is not stipulated in the Real Right Law, with a view to the improvement of the real estate objection registration system.