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Land Registration Legal System In UK

Posted on:2012-05-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:X YuFull Text:PDF
GTID:1116330335988467Subject:Legal history
Abstract/Summary:PDF Full Text Request
The subject of this dissertation is land registration legal system in UK before 1950s, and the analysis methods used are empirical methods of history, sociological analysis of social groups and the analysis of economic utilitarianism. Choosing this subject is because the civil law of China accepted the theory of the German civil law, and its principle of Public Credit. However, why the principles of Public Credit are designed so, what kind of registration with the legal system can adapt the principles of Public Credit, China's civil law does not research in-depth.To address these issues, the history of the British legal system of land registration study will provide plenty of prime material. First, the registration of land rights and the effectiveness of the registration of the corresponding design, will enhance the security of land transactions, but the introduction of the design does not necessarily reduce transaction costs; Second, land rights registration is based on the corresponding changes of substantive law; Finally, the process of legal reform is long and Public Credit is not necessarily the only design of the system.History of the British legal system of land registration research also has important practical significance. Although we give full acceptance to the publicity of public truSt. doctrine, and there has been some research, however, in the implementation of this principle, many problems still exist, particularly in the registration. First, China has not yet formed a unified real property registration and management system. Second, the registration of the legal effect in the real estate there are still misunderstandings. Third, reform of land laws need to reform the legal system of land registration in correspondence. And research on history of the British legal system of the land registration will help to resolve all the problems. This total is divided into eight chapters, except for the introduction and conclusion, a total body of six chapters, the first chapter of the British legal system of land registration initiation, the second chapter, the British real estate deeds registration system, the third chapter of the British Estate confirmation of registration program, the fourth chapter of the British legal system to force the pilot land registration, the fifth chapter of the British legal system to force the expansion of land registration and the sixth chapter of the comparison of the land registration systems of the world.Specifically, the introduction of this paper introduces the object of study, academic significance, research methods, the use of literature and other issues, the paper is based on the concepts and theories, such as tenure, equity interests and legal rights, conducted research and analysis, for preparing historical context of the after research. In the first chapter, that the British legal system of land registration initiation, analysis the British early form of land registration. These early forms, including the Domesday Book, etc., are not a complete system of land registration and mature form. They did not even become legal system. This chapter tries to build on an early form of the land registered in the first phase of the UK and attempts to say that they are the real legal system of land registration background and preparation. British legal system of land registration is started from the registered deed program, the reason is in the early attempts this program is used. The end of this chapter in the initiation stage is the reform group of British lawyer, which is one part of the analysis of social groups. The second chapter is the frustration of title registration program, and the starting point is that in Britain legal field acknowledged the need to reform the legal system of land registration, and the British entered the main stage of the deed registration. At this stage, the beginning of the period, people did not distinguish clearly the deed registration and title registration, or even a lot of people together in general supports two fundamentally different scenarios. In this case, the difference between the two is proposed, and Wilson presented his program of title registration. Wilson's program and deed registration program resulted in the mainstream of the Law Amendment Society confusion, they eventually form a hybrid proposal. Finally, the mainstream deed registration program temporarily gained the initiative of the Law Amendment Society set up a new real estate transfer committee, chaired by Langdale, with support of Campbell deed registration program embarked on a legal process. But they did not succeed, the reason including the leaders of personal character, and social forces, but after struggling the title registration program at the end won.Chapter III is the recognition of title registration program, the logical starting point is the failure of the deed registration program, but also the recognition of the deed registration program is not implemented, the title registration began to be studied. The title registration as the choice of reform has also gone through a historical process. FirSt. to mention is that in the Royal Commission's 1857 report, which is the basis of the title registration scheme for the UK, and it in the land reform has played an important role. Although the "Westbury Act" does not fully implement 1875 report's spirit, and also went to failure, but the 1875 Act, again proved the correctness of the report in 1857. 1857 report is also clearly not perfect, it almoSt. did not conclude the details of land registration, and the question of reform it raised has become a focus of discussion after. Chapter III also describes the "Westbury Law", and its program is a manifestation of perfectionism, but it is doomed not to succeed. While the act was not Lord Westbury's greateSt. contribution, he was successful in promoting the establishment of land registry. Ever since the land registry is established, all the reform program may have practical support. Land Registry started to run of course, not smoothly, but it is not juSt. the Land Registry, because the substantive law programs was far from mature. 1875 act is another important content of this chapter, the promulgation of it is largely determined by accident of history. 1875 act from any kind of sense can not be said to be a success, but its significance can not be ignored. It is the UK's first program to establish the title registration bill. Since then, deed registration and title registration dispute finally draw a conclusion. Although later, it was suggested that the deed registration system restore, but moSt. of the time will be treated as a theoretical antique, paid by a smile.Chapter IV is the compulsory title registration, the logical starting point is that the title registration program is decided to be the choice of the legal system, and of course, selected after a program is facing two problems, first, improving the program to make it really beneficial to land transactions, and second, to extent the program. The second point firstly will face a major difficulty in the case of no interest-driven, promoting a program can only choose the compulsory way. Overall, before the discussion of 1875 Act, the compulsory registration is not an important issue. As a condition of its implementation, central registration has long been focused. During the discussion of 1875 Act, the question of compulsory registration was initiated by the Registrar Follett as an implementation plan for absolute title program. The choice of 1875 Act is to register in London as a voluntary registration. In this essence, the Bill of 1875 made not much success in compulsory registration reform.The fourth chapter in the study of the 1875 Act compulsory discussion, continues to explore the 1897 Act, it can be said that the title registration has been compulsory in the UK for the first time in this bill. 1897 act used the London title registration as a pilot for the initial attempt, in this process, the county had shown strong resistance to the compulsory registration, especially in Yorkshire, which at the outset, showed fierce opposition to the reform. The final choice is London, but in London, compulsory registration was far from plain sailing, it encountered many technical and institutional issues. Of course, the exposure of these issues is precisely the meaning and mission of the pilot. 1897 Act compulsory registration mechanism is progressive in nature, it provides the land in the designated areas on the transferee's assignee the obligation to register land title, and failed to discharge this obligation he can not land on the transferee to obtain the legal title. This also avoids embarrassment that the registry need to force land owner to register. In fact, this provision proved to be sufficient to promote compulsory reform.In improvement of title registration, the fourth chapter describes the implementation of the London program. The implementation proved that the plan need more detailed design of the new system, and still need to teSt. and improve. So Britain was not too radical to implement this system to other counties. Another reason for no further extension is the counties did not welcome the new system. It is exactly because of these reasons, and later the outbreak of World War I, during nearly 40 years after, Britain's large-scale compulsory registration system does not extend to other counties to apply. In those 40 years, the United Kingdom experienced the evolution and improvement of compulsory registration system, it also had laid a good foundation for extension. This pilot led to a gradual approach to reform on behalf of reform is prudent and reasonable.Chapter V studied the extension of title registration, the logical starting point is the compulsory registration of the London pilot for some time, and the next step is to assess the situation and the pilot system for improving the new system under the premise of the extension. 1897 Act the Royal Commission was set up, and its purpose is to assess the situation of compulsory registration in London. The Royal Commission heard the views of registries and the opposition, after that they believed that compulsory registration will need more progressive reform attempts, before that, still can not blindly extended to apply. But this can be considered an attempt on the extension of the new system, and the Royal Commission's discussion also summarizes pitfalls of the system of compulsory registration and to help the reform after.Chapter V met the historical period spanning the FirSt. World War. War broke completely the progress of any reform, including reform of compulsory registration. After FirSt. World War, the reform of title registration was led by the Land Acquisition and Evaluation Committee. After Post-war economic recovery, the Commission began to promote the work of reform of title registration, and successfully promoted in 1922 the Property Law, which is the parent property legislation of six acts in 1925. Land Registration Act 1925 further improved the specific system of compulsory registration, and changed the cautious attitude. After 1925, the compulsory registration is no longer a purely local issue, but something about the overall national interest. Local decisions can no longer be arbitrary in the application of compulsory registration, and was not a prerequisite for extension compulsory registration. In 1925 the British Parliament in accordance with the requirements of solicitor promised in 1925 and 10 years after they would not make the compulsory title registration extended by Order of Council. But during this time, there are a handful of the county accepted the compulsory registration system. And by the end of ten-year period, Tomlin Committee set up. Tomlin Committee reviewed the procedures for the extension of the new system, and made it simplified. After 1935, compulsory registration system saw significantly faster extension, and by the end of 1950s, the question of reform is only how to have good control the extension of the progress of the new system in the United Kingdom.Chapter VI studies land registration reform in several important countries of the world. This chapter will study these reforms separately as the countries which were still British colonies and civil law countries. In comparison, the main factors used in this part are the scope, validity of registration, registration documents and the registration authority for review and so on. The earlieSt. system of title registration in the British colonies was Torrens land registration system, while France and Germany, although both belong to civil registration system, are separated in registration doctrines Conclusion part summarizes the full text of articles, and describes land registration reform in 2002, also reflects on the final proposition of this study the enlightenment to us.By the analysis above, this dissertation describe and analyses Britain's development of the legal system of land registration, and in the entire development process, the study also focused on the interests of various social groups and the corresponding activities. By this opportunity, this dissertation shows the changes in the system and the dynamic mechanism of conflict, or even its historical contingency. This will help our country in the establishment of the legal system of land registration system and even the reform of the entire estate system. In addition, throughout the course of the study, the dissertation carefully matches a variety of historical materials, tries to do full and accurate reference with the hope to provide future research information support.
Keywords/Search Tags:Land Registration Act of UK, Estate, Land Deeds, Compulsory Registration
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