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A Study On The Real Property Registration System Of China

Posted on:2006-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:J C HouFull Text:PDF
GTID:2166360155952187Subject:Land Resource Management
Abstract/Summary:PDF Full Text Request
The real property is the material foundation that a nation depends on, so the law about it is called "the human being's survival law". As a publication means of the real property right, the real property registration system is the basic one and plays an important role in the change of real property right. A perfect registration system is of great significance in respect of safeguarding the legal right of the real property possessor, ensuring the trade of real property to be safe and quick and the government's macro regulation and control about the real property market. Since the reform and opening to the outside world, our country has preliminarily set up the real property registration system, but it still needs perfecting in contrast with the needs of market economy. Now I'll give an summary of my paper. This paper first introduces the historical evolution of the real property registration system. It originated from Europe in Middle Ages, developed during modern times and till now has formed three legislation systems: contract registration system, right registration system and Thorence registration system. After the reform and opening to the outside world, our country has gradually established a registration system which has the characters of right registration system and Thorence registration system. Then, from the angle of Theory of Property Right, Theory of Property Right of Civil Law and Theory of Institutional Changes, the writer analyzes the real property registration system. Registration system, when seen from the economics angle, is to guarantee the safety of the real property trade and cut down the cost of it; when seen from the law angle, can safeguard the safety of the real property right, in both static state and dynamic state. Nowadays, our country is during the period of social economy changing and it is of great practical significance for blazing new trails of registration system if we analyze and study it with Theory of Institutional Changes.The real property registration system has some important points. First, about the quality, registration is first a private act and then a public one. Second, the real property registration should follow such principles as stability, simplicity, accuracy, rapidity and fitting the circumstances. Third, the real property registration has the reason effect of the property right's change, the effect of inferring the right correctly, the protecting effect out of goodwill and the effect of risk's alarming. Fourth, the public trust power of the real property registration is the absolutely true effect which is given to registration record, with the purpose of protecting the third party in goodwill. Fifth, the real property registration has many categories, among which our country is still short of the real property order registration, trust registration, object registration and so on. This waits on the perfection of legislation. Sixth, the investigation to the real property registration includes both actual investigation which is adopted by right registration system and Thorence registration system and formal investigation which is adopted by contract registration system. Seventh,...
Keywords/Search Tags:the real property, the real property registration, property right, institution, institutional changes
PDF Full Text Request
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