On Chinese Nullifying Registration Of Real Estate

The system of real estate registration is one of the important foundational systems of social market economy. The system of nullifying registration of real estate takes the real estate registration system's important component, the function is prominent, but the fundamental research is quite weak. Nullifying the registration is also called the elimination registration, to extinguish loses registration, their connotation and extension existence is overlapping. The meaning of nullifying the in our country picks the generalized understanding, namely referred to the registration that the right of real estate which already registered either the real estate is eliminate or terminated because of the legal matter , so the right of the estate apply for or the registration institution use the authority of the oblige exercises to cause the real estate real right potency eliminated completely in the legal deadline . The nullifying registration's legal characteristic is: First, the nullifying registration's applicable scope is the real estate real right which already registered; Second, the nullifying registration is suitable for all real estate real right; Third, the reason of the nullifying registration should be legal; Fourth, the occuring time of the nullifying registration is the time of the real estate's elimination time or the real right nature terminates or the deadline expiration; Fifth,the main body of nullifying registration including the oblige and registration institution.The nullifying registration occurres because the estate like house or land extinguishs , the right of property given up, the other's real right matters loss and so on . There are two main mechanism kinds which the nullifying registration procedure starts: One kind is positive mechanism, namely the application nullifying registration , the litigant rests on the real estate nullifying registration the procedure to the registration institution submission certified copy application logging out registration, and returns the related legal title; The other kind is the driving mechanism, namely the diameter is the logging out registration, the real estate registration institution may depend on the authority diameter for the logging out registration under the condition which the law clearly stipulates, In our country, nullifying registration application's examination uses suitably take the formal examination as the principle, the substantive examination for the exception compromised way. Nullifying registration has six aspect legal effects: The male letter strength, the real right eliminate termination of strength, to the good intentions third person of protection strength the estimation strength, the real right change, declares the potency, the supervision potency. Nullifying registration relates to the related litigant's lawful right, if it has had mistakes, the obligee may seeks the relief to defend own legitimate rights and interest through the ways like civil action, administrative proceedings and correction registration and so on .