更新时间：04-23 （乐悠悠7788）提供原创文章
内容摘要：以公示的效力为视角，我国《物权法》对基于法律行为的物权变动采用以公示要件主义为主，公示对抗主义为辅的物权变动规则，即当事人之间达成合意即可发生物权变动，只是未经登记不得对抗善意第三人。善意是指不知且无重大过失。关于第三人，应当采用限制说。未经登记不得对抗的善意第三人应当是指与当事人对同一标的物具有物权争议并进行了相应公示的权利人。一般债权人、不法行为人、无权占有人以及实质无权利人都不属于善意第三人，物权即使未经公示也可对抗这些人。而留置权人、在先登记的抵押权人、在先租赁权人、在先质权人和浮动抵押财产的受让人由于法律的特别规定，即使在物权登记的情况下也得对抗当事人，故也排除在善意第三人的范围之外。
关键词：物权变动 登记 对抗 善意第三人
Abstract:According to the effectiveness of the publication, while the Real Right Law in china mainly adheres to the creation mode of publication, it also adopts the rule of the defensible mode of publication as for real right alteration on account of legal act. Namely, as soon as the agreement reached between the parties, the real right alters, but it couldn’t confront the goodwill third party without registration. As for the third party, limitative theory should be adopted. The goodwill third party who cannot be confronted when the real right is not registered should be defined in following way. He is the person whose real right of the same subject matter conflicts with another parties. What’s more, he conducts a public notice of his right. General creditors, civil -law -breaker ,people who has no right to posses the subject matter and people who has no essential right don't belong to the goodwill third party.Even the real right is not registered,it also can confront these people. Lienee,mortgagee who registers before,people whose leasehold is earlier than other people's real right,earlier pawnee and the assignee of floating mortage asserts can confront the parties even if they haven't register their real rights because of the special stipulations of the Real Right Law.As a result, these people are also not included of the goodwill third party.
Key word: alteration of real right ,registration,confrontation,the goodwill third party