The Research On Registration Of Real Property Right

Real property registration system as an important system of property law plays a decisive role in the real property transfer. Before China's "Property Law" promulgated, real property registration existed "long management, fragmentation" phenomenon. Up in 2007, China's legislators had unified real property registration in the "Property Law" (Article 10). However, this legislation is too simple, difficult to adapt to the needs of practice. To this end, related to property law theory as a guide, the use of comparative research and case study research methods, the article conducted in-depth discussion of the nature of the real property registration, functions, foundation theory and practice of legislation around the world, and put forward the appropriate views of the status and the perfection of China's Real Estate property registration system. These studies pointed out the shortcomings of China's Real Property Registration System and made some suggestions, hoping to make a theoretical contribution to the system's standard run in practice.Article comprises six chapters:The first chapter, that is, Introduction, introduces the domestic and foreign real property registration system Research and purpose of the thesis, significance, methods and so on.The second chapter is a summary of real property registration system, mainly the concept of real property registration, nature, functions are described and defined.The third chapter is the basis of real property registration elaborate theory, which is the theoretical difficulty of the text. Act on the property by the theory of property rights theory of change, real property registration of the effectiveness of model theory, and pointed out that the basic theory of real property registration system on the impact of the construction.Chapter Four introduces other countries'legislation and practice of the real property registration. By examining and comparing the civil law and common law, the article made a brief assessment of three kinds of legislations, and pondered which effective models of the registration should be adopted in China. Chapter V is the status of our Real Property Registration System Analysis. With the analysis of the relevant provisions of the real property registration system in China's "Property Law", the article made some advice, analyzed and summarized the deficiencies that still exist. "Property Law" promulgated on real property registration system in China to make a principled framework of regulations, but from our "Property Law" unified registration system of real estate property objectives and actual needs, there is a great difference.Chapter VI, against the shortcomings of the real property registration system in China's, explores ways to improve the registration system, and makes some suggestions. From the development of "real unity Registration Act", the unified registration authorities to establish convenience check real estate property information inquiry system and associated supporting mechanisms to improve and so specific and detailed.