The Research On Examination Patterns Of Property Registration

There are two kinds of examination patterns of registration adopted by various countries, that is the essential examination pattern of registration and the formal examination pattern of registration.Meanwhile, examination patterns of registration adopted by such developed countries as Germany, Switzerland, France, Japan are textually criticized.There are four main conclusions :Firstly,the notion of the essential examination pattern and the formal examination pattern expresses terms of the registar'purview. The difference between two patterns lies in the registar'purview involved the reason relation or not. Secondly, the difference of legal systems of property transference has been filtered in procedural registration. Thirdly, it is necessary to structure the mechanism for sharing the function of the registration examination of the registry agency. Fourth, though various countries do not distinguish from examination patterns of registration to some extent, the influence on the substantive law and the regulations for registration application can't be ignored.The registry agency enjoys the examination authority to the basic right of creditor's relations, endowing registration for the real estate with the indiacation validity on the condition of the essential examination pattern.On the contrary, the registry agency does not have the examination authority on the condition of the formal examination pattern without the indiacation validity. But Germany has undoubted the indiacation validity in spite of mainly adopting the formal examination pattern. The abstraction theory of the juristic act of real right plays a indispensable role here.Both Torrens system of registration and title registration system insist that the registration appplicant was examined to its substance.While under the system of registration of deeds, the registration appplicant is only examined formally. Each examnation pattern has its advantage and disadvantage.The current law in our country has not yet clearly stipulated whether the authority of the registry agency will adopt the essential examination pattern of registration or the formal examination pattern of registration. The issue resides in lacking the correcting measures to the substantive examination pattern if property transference is to be examined as to its substance as well as accepting the creation mode of registration, in order to ensure the security in transaction. So, the attribute of law proceedings of registration examination, the nexus of registration examination and transaction costing, the relation between examination patterns and questions of the...