On The System Of Dissenting Registration

In today's frequent economic exchanges and circulations, For a variety of reasons, the inconsistent situation will inevitably occurs between the right in registration and the true right, that is wrong registration. In the property law which taken public reliance as its principle, Based on the credibility of registration, the people who have Registration records will be presumed to the real one in legal. If the facts have proved that the property right in registration do not exist or do exist flaws, to the people who trusts the property right exist and already has taken the property right transactions, the law still recognizes it has the same legal effect to the real property right. The people who have true right suffers the hurt. For such cases, the true obligee protecting can finally only be realized through the correction registration. But the question is, the correction registration has strict procedures, could not be completed in a short time, it leads to the correction registration could not play the role of protecting the people who has the true right, only exists in name. In order to eliminate this hidden danger, it is necessary to set up the dissenting registration system, as a temporary protection to the people who has the true right.Registration system have double function for public and private. Registration is a quasi-administrative action, Whether the definition of the nature of registration is scientific or not is the basis of mode selections when the registration is wrong. The establishment of the dissenting registration is inevitable, and reasonable. The dissenting registration in Foreign law, particularly, in German Civil law, have a reference to the improvement of dissenting registration in China. Although China established the dissenting registration, but there are many defects. We should perfect it in six facts: the mode selection of the wrong registration, dissenting registration's causes, conditions, legal effect, and the problem of damages resulted from the invalidation or wrongness in the registration.