The Research Of Real Estateenrolling Claim

Real Right Law of PRC,article 9: Until it is enrolled in accordance with law,the creation,alteration,alienation or termination of the real right of a realty shall come into effect;unless it is otherwise prescribed by any law; it shall have no effect,if it is not enrolled in accordance with law. The most prevalent method of acquring real right is trading,commonly with a business contract. However,the alienation of the real right doesn't certainly come into effect,because the procedure of enrollment hasn't accomplished,that always leads to dissension. In particular, the price of real estate is fluctuant in recent years. The seller can get more profit by selling the real estate to another vandee in a higher price, if he releases the contract before the enrollment is accomplished.There's no nationwide law about the real estate enrollment,after the Real Right Law of PRC comes into effect. According to the local bylaws of the different provinces, the enrollment shall be put in by both parties of business. If the seller offends the contract, and refuses to put in the enrollment, the vandee's right will be impinged on. The paper studies the enrolling claim of the real estate, including its significance, definition, and the character in different transfer patterns of the real right. At last, the paper puts the viewpoint that it is necessary to define the enrolling claim, and expresses the advice of how to protect the enrolling claim of real estate. Because the property alienation is the most prevalent case of the real right alienation, the paper mainly studies the property enrolling claim of real estate.