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Research On The System Of Registration Of Caution

Posted on:2008-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2166360212981473Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The real right modification of immovable estate , always catch redoubled attention from law boundary, extremely because of significance of oneself of the real estate. The system of resignation of caution, regarded as a kind of legal system of corresponding to the resignation system, play a important protection role in the future real right interests obtaining of people, during the alteration of the real right of real estate. Although the system of resignation of caution is almost ripe in Germany, Switzerland, Japan and Taiwan of our country, no matter in designing or applying, it has not been become a maturity by the law in our country. At present, though it is fast growing to happen to be the market of real estate in our country, the sincere system is not completely constructed, ensure with the system of resignation of caution future real estate interests to make people of real right actually essential. I hope to construct the legislative mode of the system of resignation of caution of our country and legal norm by the study on the system resignation of caution from entity and procedure two of this text.This text analyzes the relationship between resignation of caution and the system of resignation of caution at first, register the meaning, legal property and type to define to the resignation of caution after pursuing the essence of resignation of caution. The comparative analysis method is used again, during the process of analyzing Germany, Switzerland, Japan and the system of resignation of caution of Taiwan of our country, to find out the system of resignation of caution and relation of modes of the real right modification of immovable estate, to summarize the characteristic of the system of resignation of caution in the modes of the real right modification of different real estate. Registering the behavior on the basis of the system of resignation of caution has two kinds of attribute of private law and public law concurrently, and then the author will predict the resignation system puts in substantive law and procedure law research respectively. In entity's meaning, this text regard legal foundation and subject of the system of resignation of caution as the beginning of studying, emphasize meaning and property of different request right that the subject is enjoyed in the system of resignation of caution, and register the content of the effect and source of the effect to explain to resignation of caution. In the procedure meaning, the thesis has analyzed the basicprinciple of registering in advance notice, and will predict that registers and applies for behavior and registration of caution to apply for right to differentiate and analyse, and has further studied the application procedure that registers of predicting and advanced for the procedure of this registration. Finally, seeing that our country legislates on the interests of people who will obtain the real right of the real estate in the future at present, and under the legislative construction background in the real right substantive law and procedure law in our country, I try to expound that design the necessity of the system of resignation of caution in our country, and on the basis of summarizing existing relevant legislation, three aspects legislate to put forward the suggestion to the resignation system of caution of our country from legislative example, substantive law and procedure law.
Keywords/Search Tags:Registration of Caution, Substantial Law, Procedural Law, Effect, Right
PDF Full Text Request
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