Study Of Real Property Registration System In China

As a fundamental system of property law, real property registration (RPR) system definitely is an important content of property law being made. How to recognize and establish a RPR system of Chinese characteristics and in accordance with the world trend of RPR system is the problem that the attempt to solve in this paper.Part One The meaning, character and system value of real property registration There are two kinds of legislation methods: First, real property is defined as an object that can not be moved; second, real property is defined as a right, that is a masterdom of an real property. In the writer's opinion, according to the custom of Chinese language, real property should be defined as follows: an object that can not be moved, or can be moved but its value will be destroyed, of a particular stable location and with a scope including the land and the adhesion of the land. Therefore, RPR refers to a fact that the applicant apply to the governmental particular department for the change of real property right which is written in the registration book. The act of RPR includes the application of the applicant and the censorship and confirmation of the administration department according to its power scope. Registration application is a fact act of private law, which is the prerequisite and foundation, and the censorship and confirmation of the department belongs to an act of public law, which determine the consequence of RPR. Registration that is called in our everyday life refers to the public act of registration department. In this sense, Registration can be regarded as a public act, which not only will lead to an effect in private law to publicize the property right but also to the regulation convenience of the governmental department and the protection of the legitimate right of the barterer. This is exactly where the system value of RPR lies in: as an absolute right property right is exclusive, and if the is some defects on the property right in its fluxion, the original applicant has the recourse right to a third party who has got the real property, which will result in a negative legal effect to this third party. It is obviously unjust for the third party if it is in good faith in the transaction. But the publication system (RPR system) will make the third party feel safe in the transaction on the base of the information of the publication. When the defects of the property right appears in the transaction, the virtuous third party should be protected by law according to the objective publication standard. The publication system not only will prevent the inculpable loss of the virtuous third party, but also will protect the safety and convenience of real property transaction.Part Two Types and validity of real property registration We can clearly see the purport and legal validity of Registration as a real property publication by making certain of the types of RPR. We can decide RPR into different sorts in terms of different standards. For example, RPR can be decided into Right Registration and Fact Registration in terms of objects, the meaning of which is that Fact Registration doesn't have the function of ascertainment of a right and that the wrong Fact Registration will not affect the exertion of the right. Fact Registration is an objective description of real property and it itself does not have the function of ascertainment of a right, so the rectification of a wrong Fact Registration will be much easier in terms of either its generation or its procedure. RPR can also be decided into Final Registration and Preparatory Registration by the standard of validity of the registration, the meaning of which is as follows: Final Registration is a publication of the real property right itself and it can create a certain legal validity; but Preparatory Registration does not have a direct relationship with the change of the real property right and it is only a preparation for a possible change of the real property right, so only after certain conditions and other registration procedure are sati...