opposition

Whether the acquisition of rights can be recognized when a transaction is conducted based on the representation on the registration?

Not allowed in Japan.

Rationale.

Is this different from the third-party opposition requirement?

What is opposition?

What is a third party?

For movable property

(Immediate acquisition)

Article 192.

A person who, by an act of trade, peaceably and openly begins to take possession of movable property acquires the right to exercise it immediately, if he does so in good faith and without negligence.

This is called "public confidence in the possession of movable property."

No similar provision regarding real estate.

By the legal principle of property rights, there are no property rights that are not defined by law.

Can ownership be verified?

(Presumption as to the manner of possession, etc.)

Article 186 The possessor shall be presumed to be in possession in good faith, peaceably and openly, with the intent to possess.

2 If there is evidence of possession at both the preceding and following points in time, possession shall be presumed to have continued during such time.

(Presumption of legality of rights exercised with respect to property in possession)

Article 188 Any right exercised by a possessor with respect to the thing possessed shall be presumed to be lawfully possessed.

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