Discussing Real Property Registration

At present, our government is making property right law. In property right law, real property registration is making an important role. Although we have preliminarily established the system of the real property registration, but not perfect. This article has analysed the problems correlated with real property registration and given some advice for perfecting the system of real property registration in view of its disadvantages.Real property registration is a legal system which refers to that the property right's gaining, transferring, change, extermination should be registered in the legal real property registered organ. Until now, synthesizing the legislation of the countries the real property registration has formed three legislative forms: the deed registration system, the Torenssyhm and the right registered system.Real property registration includes several important contens: 1. In property, the act of real property registration is a private act. 2.The principles of real property registration mainly include: the applying principle, the principle of combining formal investigation with actual investigation, the principle of public expressing and announcement, the principle of legitimacy, the principle of mandatory registration and the principle of prior order. 3.The real property registration has the effects in the following: the reason effect of the property right's change, the effect of inferring the right correctly, the protecting effect out of goodwill and the effect of risk's alarming .Under the system of taking the registration as effective , the property right's change which has occurred according to the legal action doesn't occure without registration, the registration is an important condition makes the property right's change effective or tenable. 4.According to the property right-formalism and the obligation right-formalism about the property right's change of the real property, registration is the condition makes the property right's change effective. But according to the representative form, registration is the important condition that dose not make the property right's change effective but against the third party. 5.There are two forms of investigating the real property registration by every country's organ, they are formal investigation and actual investigation. But comprehensively speaking, most of the counties take the principle of combining formal investigation with actual investigation.There are many problems in our present registered system and in view of these problems the writer give some advices: 1.About the registered organ, we should implement a unified system registered mainly by one administrative organ on the basis of present administrative registration so that we can solve the present problems of registering in different places and registered organ's un-unity. 2.Implement unified effects and stipulate clearly that registration is the important condition makes the property right's change of the real property effective or tenable. 3.Entrust the registration with the public announcement's power, stipulate clearly the suitable condition of the real property registration's public announcement's power and the limits of the third party who is protected. 4.Make a unified book of real property registration and obey the principle of one piece with one registration. 5 Make a unified real property registration law, establish legal basis for the real property registration in two sides of substance and procedure.