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On The Registration Limit

Posted on:2006-04-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:F Z LiFull Text:PDF
GTID:1116360152488010Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The core idea of "limitation of registration -----regard legal title registration system as object to debate"is that the registration of legal title of real estate should abide by it's side constraints, which is determined by freedom,cost and justice of compensation, and embody these limitation: ability of registration, validity, inspection and regulation of registration power. The article can be divided into five parts: one for problem, from second to fourth, it analyses problems from theory, norms and explanation respectively, fifth for solution of problem. First part, it provides the problem of our country's legal title registration system. Because legal title registration system are a compulsive registration system, it is inclined to be expanded outside it's side constraints, especially in our country , which had brought about much harm to defense and transfer of our real right. Second part discusses the theory of side constraints of legal system, which is the base of the limitation of registration .in this part, it elucidates the importance of freedom , cost and justice of compensation, these are the conditions of legal system .Because of this side constraints, we have to abide by our limitation in legal title registration. Third part discuss the limitation of registration in others countries, especially in Germen, England and Chinese Taiwan .as ability of registration as concerned, compulsive registration is very limited .and as to validity, there are many exceptions which not be registered but protected; as regard inspection, some methods are taken to disburden inspection. last, the registration power are also be controlled by due procedure of registration and other methods. Fouth, the article talks about legal act of real estate. it regards legal act of real estate as a helpful elucidation to the applying for the registration together, and it is benefit for us to abide by limitation of registration. Last, article talks about the reconstruction of the registration system in our country, on the base of these four parts, it draw a conclusion that ,we should abide by the limitation of registration.
Keywords/Search Tags:real estate, side constraint, registration, limitation, legal title registration system
PDF Full Text Request
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