Frome The Perspective Of The Re-sale Housing To Discuss China's Real Estate Registration System

In recent years, housing prices rose year by year, the parties violate the principle of honesty to gain undue advantages by using the double and multiple implementation of housing transactions.Because of the huge amount of money involved, the sharp contradictions between the parties, the main civil rights and social order of the harmony and stability are very important. Since China's "Contract Law" did not making this clear, so in theory this has very important practice and theoretical significance. After "Property Law" promulgated and implemented, from the perspective of registered real estate to restrict the housing re-sale with standards, but still need to improve it. On the basis of foreign rule of law and its ideology, this paper will use the theory from Civil and Commercial Law to study the following issues.Chapter I, first of all, gave an overview of real estate registration system's basic theory.Chapter II, detailed on the world's countries have adopted different property rights relating to the legislative changes under the mode of real estate registration system. For example, "German Civil Code," which as the representative of the property formalism's element of registration under the mode of property changes; "the French Civil Code," which claims to represent the meaning of the changes in property rights registration under the mode of formalism, UK, USA and French countries'Torrens registration system. And will focus on analyzing China's real estate registration system model.Chapter III, The main part of this paper, will analyze various real estate transaction situations. Individual case will be conducted in case analysis.Section I, I will analyze the ownership attribution for two realities that existed in the buyers who did not register for property rights. In this section it will quote a case and analysis.Section II, after the buyer obtained the ownship, the right of the first buyer seeks relief measures was also discussed. In this section, it will use a typical case, on the basis of the case to analysis more.Section III, After the first buyer gained the ownship, the seller for the follow-up to the sale of the right to question the effectiveness of sanctions has made detailed discussion. Which presents the views of different scholars advocates, comments. With China's changing model of real right to giveout my point of view. Further analysis of the former buyer signed the re-registration when the seller and after-buyer signed the contract, analyze the effectiveness of the housing contract for after-buyer and relief measures .Section IV, In view of real life often happens the cases that after- buyer will sell ownership of real estate to a new third person. The balance between the interests of the parties and the goodwill of a third new law protection issues will be explored.Chapter IV, It will happen many double sales of real estate in reality. It mainly due to China's real estate registration system exists in many unreasonable.The chapter will first analyze before the implementation of the "property rights", China's real estate registration system exists in a number of shortcomings. Then explaining the "property rights" of Several systems. These systems have played a great role on the eradication of the existing real estate registration system, particularly can be avoided double mentioned several real estate transactions in this paper. Such as substantive review system, established an registration system for giving notice and registration-office registration system. Finally, from a clear unified registration, the establishment of real estate transactions mandatory notarization system, clear the registration of liability, and other aspects of the current real estate registration system to improve the proposals.