Study Of Registration Of Real Estate Legal Issues

The safety of the transaction is the supreme ideal in the civil law of the modem times. How to protect the safety of transaction is always focused by the law of real right all over the world. Of all properties, real property is of the most importance to a nation's economy and its people's lives .So the law of property in all countries attaches paramount importantce to the law of real property and China has.no exception. All sorts of systems about real property were built to achieve this aim. Meanwhile, the system of real property registration is on the core. After a long-time exploring, the priciple of real property registration has become one of the basic priciples of the real property law, and has been accepted by most of the countries in the world, owing to meeting the need of saftey and efficiency in the maket economy.The system of real property registration plays an important role in the real right law, however, for a long time, China had a negative attitude toward property law for one reason or another, so there is insufficient research on real property, and the system of real property registration seems immature in our country. The essay refers to a great deal of theoretical studies abroad and home, then put forward some advice on improving theory, hoping it would be useful to the establishment of the registration system of China. There are five parts and about 3.500 words in the essay.Part I mainly studies the fundamental concept about real property and real property registration. Real property in registration law not only denotes real property Itself but property right. Then the quality and role of the real property registration are summarized.Part II discusses the validity of real property registration. First opinions are given on the mode of real right alternation. Due to the difference between the law tradition and political and economic polices, there are two different legislation modes about real right alternation in the civil law. Real property registration offers the "passive reliance interest" to the third party in the transaction, that is to say, there is no alternation of real right without registration. The part of validity of registration through public notice is the main part to be discussed, The validity ofregistration's public trust can make the third party rely on the public notice. The public takes the deduction of light as the logic beginning and also requires the third party to be innocent.Part III mainly researchs the bona fide acquisition, introduces its basic theory and the difference between itself and the demonstrative principle.Part IV mainly studies the concerning advance sales of commercial housing. There are a lot of weak points in the fieldPart V mainly explores how to set up the system of real property registration in China, and presents comment on the existing law of real property registration of China. Moreover, it designs three general principles of registration for China's unique pattern.