An Analysis On The Introduction Of Notarization System In The Examination Procedure Of Real Estate Registration

The prevailing Real Right Law of the People’s Republic of China establishes a statutory way of getting changes in real right registered in real estate registers to disclose property changes for real estate, if any, so that these rights gain acknowledgement and protection from laws. By the general formalities of real estate registration, the registration authorities may implement registration only after the concerned party proposes their applications. The reason behind this is the registration of real estate can be of great consequence to the concerned party. Based on this, the examination model of application materials submitted by the concerned party becomes one of the most significant issues on the legal studies.With a view to the provisions of the related laws and regulations of China and the related experience home and abroad, this article conducted comparative analysis over the examination model of real estate registration. Considering the current situation in China, notary system is introduced here into the examination model of real estate registration as a supplementary. Specifically, this article gives discussion in three parts:In the first part, the basic legal principles of real estate registration are analyzed. Theoretically, there are two examination models for real estate registration, namely substantive examination and formal examination. Some people advocate the former while some others are in favor of the latter. Also the “golden mean” is also recommended. It is true that different examination models can impose diverse impacts on the credibility of real estate registration disclosure, the real estate transaction security and efficiency and the liability distribution of registration authorities.he second part analyzes the legislation case of real estate registration and examination abroad, in the purpose of demonstrating how the legislations in different examination models ensure the truthfulness and legality of real estate registration.The last part elaborates China’s real estate registration examination model which relies mainly on formal examination while takes substantive examination as a secondary reliance. Due to the imperfect legal system, such model has exerted some substantive influences on the civil activities in practice. At the end, it demonstrates the practicability, necessity and feasibility of introducing notary system into China’s real estate registration procedure.