On The Legal Effects Of The Immovable Property Registration

The issue of "Property Law" on July 10, 2005 is of great importance to thedevelopment of the modernization of legal construction in China. As the core ofproperty law, the immovable property law centers registration as its basic systemand boasts an important role. The immovable property registration system, with thelegal effect, embodies the values of law: the efficiency, freedom, order and fairness.Hence the legal effects of the immovable property registration impact not only theregistration system but also the whole property law.The paper has 6 parts with the 4th and 5th parts as the focus to analyze theimmovable property registration dynamically and statically. Part 1 gives the briefabout immovable property, its registration and the legal effect. The Second partdescribes the 2 forms of registration effects: fact effect and opposing effect bymeans of analysis of the changing mode of meaning and forms. And in China,registration is an essential element. Part 3 lists the necessities for registration withconsiderations to the real contents and necessary forms, so as to protect privateproperty. Part 4 briefs the 2 forms of registration effects: fact effect and opposing effect. Different explanations on the immovable property will result in differenteffects basing on the facts that only legal behaviors will yield legal effects. Thewriter presents the unique opinion in the analysis of fact effects targeting the issueson creditors, in which registration can not yield legal effects especially basing on theno-reason explanation by Gao Fuping, writer of Theory on Property (page 635), andonly the good-will third party will benefit from the registration, as the publicity willprotect the third party. Hence the property formalism is assured including theindependence and no-reason characteristics of property rights. The registrationcontains the independent implication of property including the demands of the partyconcerned and other ways such as the delivery of certificate etc.. The choice of themodes is a choice of value. Part 5 briefs the static effect of immovable propertyregistration targeting the third party basing on public notice and good-will behaviors.And public notice covers rights reasoning and risks pretelling etc. 7 legal effects.Immovable property is subject to acquisition in good faith too. The last part gives theeffects of pretelling registration and discrepancy registration of the immovableproperties with related analysis.