The Registration Of Real Property Ownership Changes In The Model Law In China

This dissertation criticizes the coexistence of the Registration validity and the Registration confrontation doctrine, which are both adopted in legislation in China at present. But it's not reasonable.From a microcosmic perspective, at first glance, the legislative reason of introducing the Registration confrontation doctrine into real estate rights system is under the consideration of our own country, however, it's actually rebuttable. Meanwhile, this coexistence results in conflicts of regulations within the property rights law system, as well greatly shocks the principle of public trust. This further disturbs the order of registrations, which artificially cuts the chain of protection of a third party.From a macroscopic view of point, different models of registration match various modes of property rights alteration. This coexistence naturally reflects the coexistence of the principle of will and formalism. The latter two share little historical and social backgrounds, or have greatly differences in the culture where they are rooted. As for China, since the German system of civil law has been introduced, as well there exist juristic act of property rights, the Registration confrontation mode doesn't fit in with the current situation. It blurs the difference between property rights and obligatory rights, which does not consist with the logic structure of the dichotomy between the two. Therefore, we should consider this coexistence as a makeshift device, the registration rules of property rights alteration should finally become a simplex system.