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Real Estate Registration Error's Risk Stuck And Remedy

Posted on:2011-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:S LiuFull Text:PDF
GTID:2166330332464489Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Real estate as an extremely important material property of human society,has significant influence to the economic activity of he whole society.Real estate registration mistake means the false registration,the repeated registration and the wrong content of registration due to the subjective and objective reasons. Registration error of real estate will not only damage the legitimate rights of the owners, and will infest the normal order of the real estate market greatly, make against to the benign development of the market economy.Currently,China has few regulation to the registration error of the real estate, related prevention and remedy system does not set up, even if is involved, the relevant legislation are imperfect, there exist many problems to be solved.Firstly,in the overview about the registration error of real estate,from the concept of real estate registration, probe the characteristic of real estate,and expounds two different theories about registration's nature ,that is public law and private law, make the conclusion that registration is mainly private law with some public law.Then analysis the two modes about the investigate of registration,that is formal investigate and virtual investigate,and introduce the registration error's performance and causes.Secondly,it analyses the regulation of the real estate registration error,the defects are expounded on this basis, summing up the problems, such as the registration authority and registration procedures are not uniform, the legal basis for review form is not clear, objection to the registration system of regulation is too simple and the registration authority's liability is not clear. Thirdly, in the part of real estate registration error's risk stuck, pertinently put forward precautionary measures, for example, unified registration office and registration procedures, the substantive review of Marxist way, and reasonable objection to the registration system and improvement of building the information publicly accessible registration system, effectively prevent and control it before the registration error occurred.Finally,in the real estate registration error of remedial part, mainly putting forward improvement correction of the registration system and compensation system of specific Suggestions and measures, concretely speaking, for correction of the registration system, focus on improving the system's operational, enhancing the integrity of departmental rules and uniforming system of registration of the specific procedure correction. And in the time of constructing the compensation system,our country can set up special compensation fund for the registration error,in reducing the financial pressure and maximum offset the losses suffered.
Keywords/Search Tags:Real estate registration error, Legal regulation, Risk prevention, Remedy
PDF Full Text Request
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