The Research Of Insufficiency And Consummation Of Dissidence Registration

The dissenting registration is a registration of the real right owners's objection to the reality registration.It is an important component of registration rules.The goal of the dissenting registion is protect the real owner's right,and the dissenting registion can block the credibility of registration.The dissenting registion stems from Prussia and official establishs in Germany for the first time.In addition,this system establishs in Swiss, Japanese and our Taiwan.Our "Real right law" has introduced the dissenting registration system,but concreted articles are incomplete .Though the main department of real estate registered are responsible to stipulate dissenting registration system which become more operationally,these stipulations either exist blanks or conflict mutually.Looked from our country's present legislation situation,our system of real estate dissenting registration has many insufficiencies which can be divided into five main points:the condition to stipulate dissenting registration is not clear;the way to mention dissenting registration is sole and insufficiency;the stipulation of period of exception is incomplete;the effectiveness of dissenting registration is indefinite;the stipulation of legal liability is not comprehensive which is hard to safeguard the party's rights.The paper utilizes historical method,compared method,comparison method,analytic method and induction method to study.Through the study of foreign system and the combine of our country's national condition, some related questions of the dissenting registration system has been researched systematic and thorough.The dissenting registration and correction registration have parallel exerted condition:the registration have mistakes.The dissenting registration can be raised in three form: unilaterall applicant supply a guarantee,applicant has the registered obligee's consent or the registering organ mentions a dissenting registration with authority.Arbitrate can continue the efficacy of dissenting registration same as suit.The period of dissenting registration is 15 days,but the period is not end up until the correction registration is expiry if the dissenting registration is mentioned by the registering organ. The dissenting registration won't freeze the registration,the right is at the registered oblige's disposal with a indefinite efficacy.Defacement of registration should be one of the situations when the dissenting registration lose effectiveness.The damages system of false dissenting registration is necessary .The insurance can be introduced in the damages system.This paper design the article of dissenting registration system in our "Real estate Registration law" in the end.