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Researches On Some Problem Of Register System Of Real Property

Posted on:2005-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:H M HuangFull Text:PDF
GTID:2166360155476111Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
There is no a unify register system of real property in our country and no unify attitude at register system of real property. So there is much problem in practice. In case, there is much knottiness that the obligee of register is not essential obligee. So we must prescribe register system. Needing to resolve the basic problem here is the effect problem of the register. So I select this object.The real property register is meant to jot down the items of the real estate concerning applicant real right through the national full-time section of application of person of right in the fact of the real estate register. Register offers real property business law basic. The principle is fixedness, facility, exactness, speedy and fitness.The system of real property of the modern meaning register derive from Europe, the empress is one after another established the development by the international community, but have the bigger difference mutually. The value of register system of real property is safeguarding business safety and safeguardes private right at last. It has two character. One is private law,the other is public law. Now people attach importance to character of private law.This thesis passes the comparison research that registers the system to the foreign real property, the analysis draws lessons from to suited for the our country lawmaking example of the state of the nation.This thesis passes the lawmaking present condition and judicial present conditions that the analytical research our country real property register, putting forward the our country real property register system in the existent lawmaking problem, and pass the actual case example, points out the register effect, register of reviewing form and concerning register the behavior to cause of judicial process cross the problem in the existent blemish.Finally, this property passes analytical above-mentioned problem existent lawmaking and the theories reasons, putting forward the our country the real estate register system of perfect opinion. Lawmaking offer register public trust to efficacity of efficacity. Among them lay claim to the persistence register to produce effect the doctrine in because of the real right of the legal act change, and rule the exception situation, the real right that has not yet to register the fluctuation adopts the punishment restrict doctrine.Because textual sign the Cape to order to put the how to resolve to practice up of problem up, so some standpoints that put forwards consider much from the real life emotion, and because of oneself of scholarship and theories study the ability limited, the regret is can not go deep into the research more deeply one layer theories, particularly difficult with the research of the for no reason of the real right really.
Keywords/Search Tags:Register of Real Property, Efficacity, Consummate
PDF Full Text Request
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