论不动产借名登记之所有权归属与处分.pdf

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论不动产借名登记之所有权归属与处分.pdf

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论不动产借名登记之所有权归属与处分目录引言··················································································································································1 第一章不动产借名登记案件之裁判观点与问题·········································································4 第一节不动产借名登记案件之裁判观点·············································································4 一、不动产借名登记系登记错误···················································································4 二、借名人得因不动产借名登记之事实被推定为真正物权人···································4 三、借名人得依不动产借名登记合意向出名人提出债上请求权·······························6 第二节不动产借名登记案件裁判观点之问题·····································································6 一、不动产借名登记是否属于登记错误·······································································6 二、不动产借名登记之事实能否推定借名人为真正物权人·······································7 三、不动产借名登记之诉为给付之诉还是确认之诉···················································8 第二章不动产借名登记之所有权变动过程及效力·····································································9 第一节不动产借名登记之所有权变动过程·········································································9 第二节不动产借名登记之原因行为有效性·······································································10 一、学说观点·················································································································11 二、实务观点·················································································································12 三、结论··································································································