On Chinese Real Estate Initiative Register

As a basic system in the registration of real estates, real estate initiative register has been playing an important role in this field. Real estate initiative register is a kind of frequent registration of real estate property for the first time after the total registration. The characteristics of real estate initiative register are: The first, it is the first registration of the registration of real estates. The second, it is a regular registration. The third, the rights of real estate initiative register include all the rights of real estate property, which include freehold, mortgage and real right for usufruct. At present, the deficiencies of Chinese real estate initiative register are: low legislative level, excessive legislative structure, incompatible legal regulations. Now, we studied the state-owned land access and ownership of urban housing more. In the future, we should strengthened theoretical study and legislative practice of the registration of real estates in the rural areas, the building differentiation ownership, mortgages and easement. The procedures of real estate initiative register include application and examination. Applicants include only creditor and agents, not as other systems. The proposal form only includes unilateral application and agent application. Real estate initiative register should provide application paper and different types of application documents in accordance with different real estate. Examination of real estate initiative register should adopt the way of"distinguish between elements of the applications", and it means, in principle, we should take the way to examination as to substance, but in some cases, when we exam the application documents unnecessary or impossible, we exam it pro forma for form. The procedures of examination include first examination, reception, reexamine, notice and objection, payment. The procedure of notice and objection only works when we can't make certain the fact. The consequences of the examination include three different classes: granting, suspension and refusing. We take force doctrine mode in most time and take opposing doctrine mode when register the easements and management, and in other cases, it is produce processed effect when setting the real right by legal documents or the government requisition decision or making houses legally.