Real Estate Objection To Registration

With the prosperity of socialistic market economy and the development of commodity transaction, the registrations sometimes disagree with the facts in the real estate transaction. The real obligee may choose to correct the registration for the following right conflicts. But the registration obligee may deal with the real estate and damage the real obligee's legal rights during the period of finishing the correction registration. The purpose of dissenting registration is to acting as a temporary protective umbrella of removing the public convincing power of registration and protecting the real obligee. This auxiliary temporary measure could seek an interest protection balance between the third party acting in good faith and the real obligee. This article is based on the basic civil law theory and current legal provisions to start a further systematic research and discuss about the system construction of dissenting registration. It is expected to provide feasible suggestions for our country's legislative and legal practice. The advancement, establishment and perfection of dissenting registration are playing an important role of keeping interest balance between the real registration and the third party acting in good faith, protecting real estate transaction security and maintaining the market credit. This article divides into five parts: the first part is the outline of dissenting registration, through analyzing the concept and value and comparing with the system of advance notice registration, trying to give an overall comprehension.The second part is a view of dissenting registration from comparative law, after giving a brief description of the origin of dissenting registration, comparing German, Japan and Swiss legislative contents, giving a specific introduction of application scope, applicable cases and legal effects to provide a theoretical basis for the latter reference.The third part is our country's dissenting registration procedure analysis, to give a respectively exploration of four aspects including the exertion condition, public notification organs, occurrence mode and failure situation.The fourth part is our country's dissenting registration legal effect, to give the inquisition from three aspects including the registration obligee, the real obligee and the third party after introducing two modes of dissenting registration.The fifth part is our country's dissenting registration infringement liability, from two angles of registration organ and applicant, to discuss respectively about the doctrine of liability fixation in infringement, constitutive requirements and compensation issue, putting forward some suggestions of adapting the commercial insurance for the system perfection.