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On The Real Estate Register In China

Posted on:2009-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiuFull Text:PDF
GTID:2166360242990480Subject:Law
Abstract/Summary:PDF Full Text Request
The real estate register is the special book which is made by the registration authority to record the physical state and the rights matter of the real estate. In the system of the real estate registration, the real estate register is the most basic and important element, it reflects the final result of the registration activity, and is also the vector of the property right's publicity principle. Essentially it becomes the reason of the real estate according to the law. It also gives the implementation of the four legal effect of the real estate registration.In the legislative of the real estate registration in China, most local regulations just have the provisions of the ownership certificates and have few accurate provision of the real estate register. In the practice of the real estate registration, there always be an abnormal phenomenon which is"Attention the ownership certificates, Neglect the real estate register". The role of the real estate register is replaced by the ownership certificate. It severely restricted the effect of the real estate register. So, it is important to build the construction of the reasonable structure of the real estate register. As the Property Rights Law published, it clearly defined the important position of the real estate register as the property ownership. As a basic law, the Property Rights Law is just the preliminary system architecture of the real estate register. As the perfection of the real estate register, it needs the specialized Real Estate Registration Law to work out more provisions.The establishment of the real estate register should follow several principles. The standard is called"Real Folium"which is decided by the object of the real estate. According to the area of the estate, it takes the record of the change. It pays more attention to the static of the real estate. The content is different as the registration object is different. The future Real Estate Registration Law should just set up one real estate register which takes the content of the land and buildings together.As the most important state file, the real estate register should be managed by the registration authority carefully forever. It should be clearly defined of the preservation's method, places and so on. To play the role of the real estate register, it should establish the inspection system. As the high-speed development of the high-tech especially the electronic technology, the registration authority should use the method to make the electronic revolution of the real estate register.
Keywords/Search Tags:property, publicity, real estate, real estate registration, real estate register
PDF Full Text Request
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