Study Of The Real Estate Register

PrefaceIn the part of the preface,first of all,it points out that the real property registration regulations at present in China are separately including in single civil laws or regulations and moreover. These real property registration regulations are full of many errors or contradictions. Then the author states that in order to keep transaction safe and with economy developing,real property registration law needs to be formulated in China. At the end of the preface,the author clarifies that it is necessary to research real property register which exists as the basis of proprietary right of real property.The text includes two parts:Part I Legal Theory Basis of Real Property Registration and The Present Legislation Situation of Real Property Registration in ChinaThe first part of the text demonstrates theory basis of real property registration. It starts from property alteration (property alteration here refers 10 property establishment,property assignment,property modification and property canceling). And it separately demonstrates the concrete meaning of property establishment,assignment,and modification as well as canceling. It point out that property alteration is mainly and commonly due to lawful action,and it also corrects the incomplete point of view which says property is a kind of static right existing in some Chinese legal science works. On the contrary,it says property actually is always existing in a dynamic state. So the safe situation in the course of property altering,that is,how to keep the acquiring party safely acquires property is very important. This problem can be only resolved by the rules that real property shall be registered and moveable property shall be delivered by occupying. Moreover,for the its special economic and political sense,real property right becomes the core part of property law with the request of objective economy developing. The first part mainly demonstrates that real property registration is the prescribed publication means of real property right variation and also is the element which can cause be in effect property variation for lawful action. At the same time,it is also the basis of that property shall be admitted and be protested. Besides,on the basis of analyzing other relevant theory and contrasting foreign legislation,this part clarifies concrete legal meaning of property and double meanings of real property registration in China. These two meanings refer to activity and facts. The first part not only demonstrates the definition of real property registration and its history,but also demonstrates real property registration is very important to property of real property variation. Furthermore,it states three typical legislation methods as well as its characters of real property registration in the world:Germany Registration Regulation,France Registration Regulation and Torrens Registration Regulation. With contrasting their advantages and disadvantages and considering the present situation of our country's real property registration,it is advised that China shall,in consideration of deal safe as well as legislation science,establish a new real property registration regulation after absorbing theadvantages from Germany Registration Regulation as well as Torrens Registration Regulation.Part II Reality of Real Property Registration and Prospect of Establishing Unified Real Property Register in ChinaThere is no unified legislation of real property register in China by lacking of unified "real property registration law. In view of improving real property register system by legislation,and absorbing other countries' relevant regulation,the author think legislation work shall be started from the following aspects:Registration Organ of Real Property Register,although real property registration has the judicial meaning on deterring property right of both citizens and legal persons,the administrative power appears extreme expanding trends in present society. The present administrative power is not only executing management power. It includes more...