A Study On The Registration System Of Real Estate

The dissidence registration system is an important part of the real estate registration system. It has important significance for maintaining the stability and order of the real estate transaction market. The dissidence registration system in our country established by the Real Right Law. Scholars are more concerned about the comparative analysis of the dissidence registration system in other countries and regions. They lack the research of the current situation and the problems in the specific process. This article analyzes the concept and function of the dissidence registration system and discusses the legal effects of the dissidence registration system. It analyzes the legislation problems in current situation and gives some suggestions. It can use the legislation system of other countries for reference. The author hopes to give useful opinions to perfect our dissidence registration system.The article is divided into four parts except the preface and conclusion.First of all, this article introduces the concept and function of the dissidence registration. It briefly states the difference between the alteration registration, the correction registration and the dissidence registration. The dissidence registration in different countries has different titles. It points out the concept of the dissidence registration and analyzes the function of the dissidence registration. Because of the real right change mode is different, the dissidence registration function is different. Then it explaines three functions of the dissidence registration in our country.Secondly, the article explores the legal effect of the dissidence registration. The legal effect of the dissidence registration can be discussed from two aspects as follows, the basic effect and the effect to interested party. The basic effect includes blocking the credibility of registration, reserving the presumed ability of registration and having no impact on the disposition. And the effect to interested party includes the effect of the dissidence registration to the third party, the effect of the dissidence registration to the obligee, and the effect of the dissidence registration to the applicant. Thirdly, the article introduces the current concrete legislation system of the dissidence registration in our country and puts forward the suggestions of the institutional improvement. The current situation is embodied in the Real Right Law, the Measures for the Registration of Land, Housing Registration Measures and Shanghai Real Estate Registration Rule. Through the comparative analysis of the current situation, the author gives the proposals of possible problems in the practical operation. The proposals include the applicable scope of the dissidence registration, definition of interested party, the acceptance and examination of the registration authority, completement failure and cancellation of the dissidence registration, etc.Finally, the article affords the advices how to remedy the defects of the starting method, the cancellation method and the validity period through absorbing the legislation system of other countries.