A Study On The Principle Of Publicity And Public Trust Of Property

The principle of publicity and public trust of property as one of the basic principles in property law is an ideal legislative pattern for the transfer of property at present, it plays a decisive role in property law, and it can not only bring comprehensive protection to the dynamic security of property, but also protect the interests of static civil entities. The aim of the principle of publicity is to make people know, and its basic function is to settle conflicts in transactions. What our country adopts is the legislative pattern that treats publicity as a necessary condition. In this pattern, the transfer of movable property selects delivery as an effective condition, but the transfer of immovable property selects registration as an effective condition, and the transfer of special movable property selects registration as a resistant condition. The aim of the principle of public trust is to make people trust, it treats the protection of property transactions as its mission, and it can meet the requirements of market transactions. Both the possession or delivery of movable property and the registration of immovable property have credibility, so their essence are protect the parties'trust interests on the establishment and transfer of property, and they can reflect the social justice and fairness. There are three patterns of transfer of property: indication of claims, formalism of property and formalism of claims. Both the pattern of indication of claims and the pattern of formalism of property have their own advantages, but they can't adapt to China's present situation. The pattern of formalism of claims can meet the needs of China's reality, so we should discard the theory of uncausative legal acts of property and retain the theory of independent legal act of property. On this basis, we should treat the principle of publicity and public trust as the main body and treat the system of acquisition in good faith as a supplement, by doing this we can construct the pattern of formalism of claims. have brought about some improvements to the system of publicity and public trust, for example, the unified register system of real estate, the system of essential review, the system of corrections to register and the system of objections to register, the system of notices of register, the liability of parties and the register office , and so on. But there are also many deficiencies in , for example, the provisions about unified register system of real estate are not perfect, the system of essential review have not any supporting system, the system of corrections to register and the system of objections to register have some shortcomings, the provisions about the system of notices of registration are too simple, the nature of the register office's liability and other related content are ignored, etc. In view of these deficiencies, we should make some improvements to the system of publicity and public trust, for example, we should select the judicial authority as the register office and add notarization to the system of register as a supplement, and we should add some relevant provisions to the system of corrections to register and the system of objections to register. In addition, we should add some content to the system of notices of register and the system of register office's liability. By doing this we can lay a solid foundation for the principle of publicity and public trust, and we can make the system of publicity and public trust play its role better and better.