On Real Objection Registration System In Our Country

The objection registration is a registration that the real right owners and the related people's objection to the reality registration.It is an important component of the changes of real estate property rights and registration rules. Our country's real estate objection registration system starts very late. The first rule to regulate it is Shanghai Real estate Registration Rule in October, 2002. In 2007, Property Law has established the real estate objection registration system for the first time in our country's legal framework. It is a milestone in the legislative history in our country. However, our national legislation and local legislation are not unified and feasible about the real estate objection registration system's stipulation in the present. It is necessary to do further discussing. The real estate objection registration of our country mainly has the following functions: safeguarding transaction security and efficiency in real estate;maintaining benefit balance between the real right owners and the third person; safeguarding the realization of the correction registration;avoiding national liability of compensation of the registration institution effectively; carrying out the function of the property preserves effectively. In applicable scope, it should include the objection to the wrong right registration and the wrong physical registration. There are two procedures in the real estate objection registration in the practice: applying and examing . In requisition procedure, the the related people has the real estate objection registration application right. When the applicant is who doesn't have civil capacity or has limit civil capacity, he may ask agent application. In examination procedure, we should use the formal examination pattern for it's temporary characteristic and it can not cause the entity right changes and so on. After examination, we will register if the objection registration application conforms to the legal rule completely. Otherwise, we won't register if the objection registration application has the slight defect. The real estate objection registration mainly has the following effects: blocking the credibility;retaining the presumption; maintaining the disposition; warning the third person and interrupting obtaining effectiveness. The objection registration will expire and be written off for beyonding the exclusion period,the applicant abolishes the objection registration and the nominal registration person agrees with the correction registration and so on. There will be two results after objection registration: When the objection was established, it should be advanced to the correction registration as soon as possible to protect the rights of the real right owners. When the objection is inadequate, the wrong objection registration causes damage to the right owners. Then the right owners may request the damage compensate to the objection applicant.