Construction Of Legislation Of Title Insurance

Real estate title insurance is widely used in the United States and other countries and ensure the security for a major insurance types, property rights report is the key to the system. Real estate title insurance generally covered by insurance commissioner.Insurance companies promised that if there is property rights report on the real estate property should be documented and undocumented defects and disputes, the insurer is responsible for elimination of property defects, or in amount of insurance the insured person within the context of compensation for the losses. This insurance system on the reduction of the burden of real estate property registration office to enhance transaction security and efficiency, promote the development of the insurance industry have an important, worthy of our learning and selective migration. However, the registration system between China and the United States is different, Re-build the system need to consider various conditions and factors.This paper is divided into five parts.The first section describes the content of the real estate title insurance. It make a clear definition of property rights to clarify property, Real Estate Property,the object of real estate title insurance. By working with ordinary life and property insurance comparison, protruding real estate title insurance in the insurance subject matter, scope, period, insurance premiums, insurance, etc. particularity. And then Introduce mode of operation of the real estate property.The second section analyses the theory of real estate title insurance. The first is from an economic perspective, indicating that the insurance value in resolving the risks, and then from the Civil and Commercial Law, economic law, social law point of view, analysis of the legal nature of the real estate title insurance, to clarify its promotion of civil law transactions convenient, pursuit of society as a whole benefits and discusses the economic law of real estate title insurance in order to regulate the system of theoretical basis.The third section describes background and reasons of the title insurance in the United States in order to find common ground with the environment in China today. Then analyses the value of the U.S. title insurance system in China, conclude that China's real estate title insurance should be adapted.Part IV analyzes the risks of China's real estate transactions, emphasis on analysis of existing real estate transaction in the notary process, lawyers witness program. In addition, the part of the analysis of the shortcomings of China's registration process, real estate title insurance can be a registration system for the reform of safeguards. After that part of the point out the real estate title insurance system in China is faced with obstacles.Part V attempts to build our country's real estate title insurance system. First, from the legislative point of view, the choice of proposed model legislation, on the development of "real estate title insurance Provisional Regulations" concept, building the guiding principles of the Ordinance, the real estate title insurance, the varieties, clarifying the real estate title insurance, the basic constituent elements, as well as real estate title insurance proposal on the regulation. Real estate title insurance made after the relevant supporting measures, the main character of the conversion from the registration of property rights to build the information base explanation. Concludes with a real estate title insurance at this stage to try to implement the compromise.This paper use comparative law, economics, sociology and other research methods, the real estate title insurance system has been studied, the topics of value is by building our real estate title insurance system, redefining the powers and responsibilities of real estate property registration office in order to achieve the change to the existing registration system, or make up for its shortcomings, as well as the promotion of the effect of the real estate transaction security.