The Review Of The Registration System Of Real Property Rights

The real property registration system determines the acquisition and exercise of the real property right. And it is one of the important contents of real law. At First, the paper discusses such basis theories as the history, nature, function of the real property registration. It makes comparative study of three typical legislation models. Through the legislative comparison, we understand the current legislation situation and differences of the effect of real property registration in various countries. Next, this paper has separately conducted the discussion research to these aspects. Our real property laws should take the registration validity doctrine as the principle of the real property rights changing, and take registration resistance principle as the exception. This paper suggests using the creditor's rights formalism registration in Swiss law to be the pattern of effectiveness by registration. Simultaneously, we should use the substantive examination to comply with the registration validity doctrine. For the disputes of real property rights caused by registration, the appropriate choice is the administrative proceedings after the civil action. This is advantageous for the determination of rights and solving the bilateral dispute. The last part is about the perfection of the registration system of the real estate in our country. According to the problems existing in the real property rights registration system in our country, it gives out the writer's constructive viewpoints in perfecting the system in our country.