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房产、即作为财产的房屋,但又不全等于房屋.房产的“产”含有“财产”和“产权”两层含意.房产转移,是指房屋所有权或与所有权密不可分的占有、使用权的转移.房产转移公证,是指国家公证机关根据当事人的申请,依法对其转移行为的真实性、合法性予以证明的一种非讼活动.其目的在于预防纠纷、减少诉讼、促进安定团结、维护正常的社会经济秩序、保护公共财产,保护公民的合法权益.一、房产转移公证的法律依据我国宪法第13条规定:“国家保护公民的合法收入、储蓄、房屋和其他合法财产的所有权.”公民的合法财产的所有权,是指公民个人对其财产的占有、使用、收益和处、分的权利.房产转移是重要的处分权利,应受法律保护.公证则是实现国家的保护职能.涉外房产转移还应依据涉外有关法规.1984年8月2日经国务院批准.同年8月25日由城乡建设环境保护部发布施行的《关于外国人私有房屋管理的若干规定》第6条规定:“办理房屋所有权登记或转移、变更登记委托手续的证件、文书须经公证.”二、房产转移的法律特征根据我国现有法律、法规规定,房产转移具有如下法律特征:(一)、房产转移是房屋所有权或与所有权密不可分的占有、使用权的转移;(二)房产转移是房屋所有人的产权转移,而不是非所有人的产权转移;(三)、房产转移?
Real estate, that is, as the property of the house, but not all equal to the housing.The real estate “production” contains two levels of meaning of “property” and “property rights.” Real estate transfer, refers to the ownership of housing or ownership and ownership of the transfer of the right to use Real estate transfer notarization refers to a non - litigation activity that the notarized office of the state certifies the authenticity and legality of its transfer according to the application of the parties, and aims to prevent disputes, reduce litigation, promote stability and unity, and maintain normalcy Of the social and economic order to protect public property and protect the legitimate rights and interests of citizens I. Legal basis for the transfer of notarized housing According to Article 13 of our Constitution: “The state protects the legitimate rights and interests of citizens, their savings, their ownership of houses and other legal property.” Citizens The ownership of legal property refers to the individual's right of possession, use, profit and division of their property.The transfer of real estate is an important right to dispose of, and should be protected by law, while notarization is to realize the state's protection function. The transfer should also be based on relevant foreign laws and regulations. On August 2, 1984 by the State Council approved the same year on August 25 by the urban and rural construction environment Article 6 of the Several Provisions Concerning the Management of Private-owned Houses for Foreigners promulgated by the Ministry of Nursing places: “The documents and instruments for handling the registration or transfer of ownership of houses shall be notarized.” II. Legal Characteristics of Real Estate Transfer According to The existing laws and regulations of our country stipulate that the transfer of real estate has the following legal features: (1) the transfer of real estate is the transfer of possession or use rights of housing ownership or ownership; (2) the transfer of real estate is the transfer of property rights of the owner of the house, Rather than non-owners of property rights transfer; (c), real estate transfer?