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On The System Of Alteration Registration Of Realty

Posted on:2009-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:L C HuaFull Text:PDF
GTID:2166360242490480Subject:Law
Abstract/Summary:PDF Full Text Request
Estate is the basis and premise of the existence of humankind and most of them is non-regenerable and unique,therefore,it's quite vital to both country and society or civilians.So estate has been the core of the cicil law in most countries.The legislation of estate plays an important role in the Jus rerum's legislation in our country and the registration system is also one of the cores of estate legislation.In accordance with the principle of credibility, the bona fide counterparts involved in the dealings can fully confide in the state of the real right in the declaration and make deals ,the bona fide counterparts needn't explore the actual state of the realty or worry the unexpected losses caused by the state of realty beyond the declaration.But the disadvantages of this principle are apparent in protecting the right of the obligee. As of the real right of realty, when registration is not accurate, the benefit of the real obligee will be infringed on thus the static safety of realty can't be protected.In order to overcome the defect of the principle of credibility, balance both dynamic and static safety, protect the rights of the real obligee ,the system of alteration registration is introduced in the real right law; to uphold the value of justice of law, the system stipulates compensation for damage to redeem the defect of the registration of realty as the last protective measures.Alteration registration of estate means that after initial registration of estate,estate administration excutes the registration with the estate owner,user and his rights which have been changed. Alteration registration of estatemay be brought about by the alteration of the main body of estate, the object of estate and the right contents of estate . Alteration registration of estate must goes throught lawful procedures including application,audit ,registration and registration charge ,etc. Alteration registration of estate has the effects of confirming rights and friendly protection in estate trade .Alteration registration, which is designed to redeem the disadvantage of the principle of credibility ,balances the benefit of the real obligee and the nominal registered owners, is the inevitable choice to redeem the defects.Today the dealings of realty are becoming more frequent, to establish and perfect the system of realty registration , fully protect the legal interest of the party concerned who registers the real right of realty, and establish the system of alteration registration of realty, has important realistic meaning.
Keywords/Search Tags:Real Estate, Alteration Registration, Procedure, Legal Effect, Relief Mechanism
PDF Full Text Request
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