The Registration System Of Real Estate

Major: Master of lawResearch dimension: Civil lawAuthor: Tan YongTutor: Professor Zhang chiThis is an essay discussing the registration system of real estate, which illustrates the real estate registration system and its improvement in china from various aspects including its function and effectiveness. It is divided into five parts as followed: preface, chapter 1—fundamental theory, chapter 2—comparative study, chapter 3—advice for legislation and conclusion.Regarding the fundamental theory of real estate registration, the penman will set forth in the following 3 aspects. Firstly, the modern real estate registration system was originated from Europe, which is a system to record the obtaining, losing and changing of the ownership and other security interests of lands and buildings on the special book maintained by relevant authorities pursuant to the legal procedures. The land management system of China since the Zhou Dynasty to the Ming and Qing Dynasty was mainly the basis of tax collection and was different from the modern real estate registration system. There is still a long distance between the reality of the real estate registration system of China and the requirement of the rules of law and market economy. Secondly, real estate registration may be classed according to different criteria as followed: substantial rights registration and formalized rights registrations, ownership registration and other security interests registration, general registration and changed registration, the final registration and preliminary registration. Finally, In the comparative study part, the penman made comparative studies among the two theories and three systems of real estate registration and then educed some experience for reference. Theoretically, real estate registration can by divided into substantial registration and formalized registration. Substantial registration means that the establishment, transferring, changing and abolishing of real estate's rights and interests will not be legally binding and enforceable until it has been registered. The adoption of such registration system by Deutschland, Switzerland and some other countries represents the interference to transactions by states. While the formalized registration is only to confirm and testify the change of real estates' right and interests and is not able to decide their effectiveness. Our legislation adopts the substantial registration. Real estate registration systems of different countries also may be classified into contract registration, right registration and tuolunsi registration. In the contract registration system, the losing and change of the rights of real estate is legally binding and enforceable upon the conclusion of a contract, but it is not able to defense to a third party without registration. Right registration means that the establishment and change of real estate rights will be legally binding and enforceable upon being substantially examined by relevant authority and formally registered. tuolunsi registration requires that, in addition to the registration, the certificate of real estate's right shall be delivered to make the real estate's right effective. Our registration system is a kind of system between right registration system and tuolunsi registration system.In the final part, the penman analyses the reality of our real estate registration system------the major problems is that a uniform real estate registration system has not been established and the legal effectiveness of real estate is still skimble-scamble, give advices in five aspects: 1. five unifications----to promulgate uniform real estate registration law, to unite the effectiveness of registration, to unite the registration authority , to unite the registration procedure, and to unite the right certificate. 2. to expand the registration scope, especially the preliminary registration. the registration of preselling of commodity house is a classical preliminary regist...