On Registration System Of Immovable Property

Immovable property plays a very important role in social and economic life, so how to formulate the immovable property system in law in a scientific and rational way is important content of civil law in each country. Registration of immovable property is the basic demand of the right in rem as well as public notification principle of property. Though Property Law has been established, it only regulates the registration system of immovable property in principle. Through introducing the basic theory of registration system of immovable property, this thesis analyzes the shortcomings of registration system of immovable property in China with the reference of relevant foreign legal system. On the basis of Property Law, the author proposes several advices on how to perfect registration system of immovable property in China, looking forward to making contribution to protecting interest of the client as well as maintaining the order and safety of market.This thesis id divided into 4 parts.The first part is the summary of registration system, including the following four aspects: division between movable property and immovable property; definition of registration of immovable property; character and meaning of immovable property; difference among kinds of registration of immovable property. Registration of immovable property is a fact or an act. It is the fact or act of recording the items of immovable property owned by the applicants for the special department of the nation after he applies for it. The character of registration of immovable property is closely related to its potency. Setting up and perfecting the registration system of immovable property in China does good to the protection of immovable property, reduction of trade cost, promotion of trade efficiency, maintenance of trade safety and trade order.The second part covers the comparative analysis among registration system in different countries. Through observing different state of registration system of immovable property in different countries, according to its content, potency and value orientation, three types of registration system are introduced: contract registration system, right registration system and Torrens registration system. Firstly, the author gives a brief introduction of these three types of registration system and compares foreign registration system of immovable property by the means of comparative science of law. In addition, difference in theoretical basis of the above three types is studied. In theory, based on the difference in impact of the above three types on changing potency of immovable property, there are two types: important condition of registration and confrontation of registration. Right registration system and Torrens registration system apply important condition of registration and contract registration system applies confrontation of registration. The difference in value orientation of these three types: freedom, safety and efficiency are the value orientation of these three types. Finally, the author summarizes the implication of foreign registration system of immovable property on perfecting our own: even though the three types have different characters, or even there is apparent comparison among these systems, speculation of theory and choice of system are based on their own conditions, including legislative background, trade habit, income proportion of cost and so on. As a result, while establishing the registration system of its own, China should consider its own state and learns lessons from foreign system.The third part illustrates the current state and existing problems of China. Before Property Law was established, the relevant regulations of immovable property are dispersal and disordered. It can be seen in law, regulations and judicial explanation at different levels with different potency. The registration organizations are not united for a long time. Property Law has set up a set of complete and scientific basic system of registration system of immovable property, made sure of the potency of registration, united the registration system and defined the examination duty and obligation of registration organization. In addition, it has regulated the system of predict registration, opposition registration as well as correction registration. However, regulations in Property Law are made in principle and framework. Some regulations are too simple and a few knotty problems are laid aside. Problems existing in registration system of China include defining standard and scale; management from many organizations; registration from different levels; lack of supervision on the judicial right of registration organizations; correction registration system to be perfected; shortcomings of mortgage system and that renting registration system is not regulated.In the fourth part, the author proposes the advice on perfecting registration system of immovable property in China. The establishment of Property Law is only the first step in building registration system of immovable property in China. We need to do more things and spend more time on implement of regulations of immovable property in Property Law to incarnate and perfect this system. Aiming at the problems mentioned above, the author proposes the advice on registration system of immovable property of China: first is the implementation of unification of registration system regulated in Property Law. The unification of registration system of real estate is the priority, on whose basis, the complete unification of registration system of immovable property is realized; second is to perfect the relief way of client during registration. When the registration organization is the administrative organ, the relief way of client should cover applying for administrative reconsideration as well as lawsuit, which supervises the quasi-judicial judge of registration organization, guarantee the truthfulness as well fairness and maintain the lawful immovable property right of the client; third is to found compensation fund of registration of immovable property. In the registration service, including registration, query or use of the material of the immovable property, according to standard, the registration organ collects certain expense which is put into compensation fund of registration of immovable property to be used as the compensation for registration of immovable property; fourth is to set up the registration requesting right of client system. The fact that both of the parties have the obligation of registration should be embodied in law. The obligee has the right to require the counterpart of the registration to aid him to finish the registration or to make the promise to register. In addition, the liability of the counterpart in condition that he does not realize his promise should be regulated in law; fifth is to harmonize the inner law system. System violation among different systems in one country should be avoided. In this way, the harmony among law systems can be maintained; sixth is to establish Immovable Property Registration Law. Property Law regulated the immovable property from the aspect of entity. However there is not only entity content, but also procedure content in immovable property registration. Moreover, there are more technical terms in procedure content and it is trivial. Therefore, it needs specific law. Thus it is urgent and necessary to draft immovable property registration law.