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The Legal Study On Real Estate Wrong Registration And Relief

Posted on:2007-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:L LuanFull Text:PDF
GTID:2166360182984193Subject:Civil and Commercial Law
Abstract/Summary:
Registration of real estate is the facts to jot down the items of the real estate concerning the applicant in the real estates register through applying to the national full-time section. As one of the most important elements of the law of things, the system of the registration of real estate plays a significant role on the change of real estate right in the civil law. A completed system of the filing of real property is important to both the maintenance of real property regulation, and the protection of safety and convenience of the real property transaction. Since the innovation and opening of our country, the market of the real property transaction has developed and accordingly the filing system of real property transaction has been established gradually. However, affected by the old economic system, the current filing system of real property of our country is not the same as that in the sense of property right on civil law, but is affected strongly by administrative intervention. Therefore, the current filing system has not complied with the development of real property market and the need to protect the rights of real property. So improvement and completion in this area are necessary. The so-called wrong registration is caused by the registration institution, the litigant either the third person intentionally ,the error causes the right which in the registration book records different with the real right actually. According to our country present laws and regulations, the relief on wrong registration although has been manifested, such as the city real property management law ",the 37th.But in practice, these stipulations rarely imply, because there is not the corresponding necessary system, therefore wrong registration unable relief. The author hope to make a systematic introduction to the real estate registration. And through the wrong registration introduction, to make an advance relief measure of the wrong registration.Besides the foreword and the conclusion, this article altogether divides into three parts. The first part of this chapter points out what is real estate registration, the nature, three kinds of main real estates registration system in the international community, the effect. The second part points out what is wrong registration. The second part is the reasons and results of wrong registration. The third part is the relief of wrong registration. , including the power relief and the private relief. The power relief including legislation relief, administrative relief and judicial relief. From legislation, administrative and private relief, this article points out the concrete relief of wrong registration.
Keywords/Search Tags:Real estate registration, Wrong registration, Relief
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