Interpretation and Judicial Interpretation of Article 143 of the Civil Code

First, the Civil Code has several judicial interpretations.

There are two judicial interpretations: the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Differentiated Ownership of Buildings and the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Property Services.

Second, special security interests.

The emergence of security interest is the result of the development of social productive forces to a certain stage, the gradual increase of people's commodity exchange activities, and the increasing demand for systems to ensure transaction security. However, with the rapid development of economy, in order to maximize the efficiency of things, people have changed from simply focusing on the control of things to focusing on the use of things. One of its influences is that the system of real right for security, which initially strengthened debt credit, evolved into a guarantee means to strengthen production credit, and the system of real right for security changed from the traditional preservation type to the financial intermediary type. Financing guarantee has become a symbol of legal modernization.

Therefore, as far as the types of security interests are concerned, in addition to the traditional preservation types such as mortgage, pledge and lien, there are also types such as maximum mortgage, chattel mortgage, consortium mortgage, floating guarantee, real estate pledge, right pledge, conditional sale, ownership retention and trust possession, which are dazzling enough. The traditional theory we have learned from the long-standing system of real right for security is almost broken through by the development of modern trends.

Third, the behavior of real estate rights.

The habit of delivery. For the delivery, you can get the key, the delivery notice or sign the delivery notice as a form of expression; When delivering the land, you can survey the land on the spot, check and accept it with the inflection point of the red line coordinate of the map, verify the land area and sign it for confirmation, or sign it on the cadastral survey form when registering the land.

Transfer and delivery of ownership. The transfer of house ownership is regarded as delivery. The basis is: Article 1 1 of the Interpretation of the Supreme Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Contract Disputes stipulates that the transfer of possession of the house shall be regarded as the delivery of the house, unless otherwise agreed by the parties. The risk of damage or loss of the house shall be borne by the seller before delivery and by the buyer after delivery; If the buyer refuses to accept the seller's written delivery notice without justifiable reasons, the risk of damage or loss of the house shall be borne by the buyer from the delivery date specified in the written delivery notice, unless it is otherwise stipulated by law or agreed by the parties.

The above are some related contents about the judicial interpretation of the Civil Code. According to the relevant regulations, the judicial settlement of property rights in the civil code generally has two contents, but the civil code also stipulates a lot of contents about property rights, which are very detailed and specific and provide protection for our goods.