On The Registration System Of Real Estate

As the fundamental system of the law of property, the filing system of real property is vital in the changing of the right of real property. A completed system of the filing of real property is important to both the maintenance of real property regulation, and the protection of safety and convenience of the real property transaction. Since the innovation and opening of our country, the market of the real property transaction has developed and accordingly the filing system of real property-transaction has been established gradually. However, affected by the old economic system, the current filing system of real property of our country is not the same as that in the sense of property right on civil law, but is affected strongly by administrative intervention. More over, the aim of such system is not proper, the effect of the filing is not reasonable, different filing rules conflict with each other, and there is even great defect existing in such system. Therefore, the current filing system has not complied with the development of real property market and the need to protect the rights of real property. So improvement and completion in this area are necessary.Based on the reasons above, firstly, this article will observe the basic definition of real property and the filing of real property, introduce and compare the laws of different countries and various academic views, and analysis the history of real property filing system. It is suggested that set up for the necessity of the development of social economy, the mission of the filing system is to be a means of the publication of the right of real property, making public the set, the transfer, and the changing status of the right of real property, so the public may know the status of right of certain real property. The filing of real property shall include the following elements: the filing obligee, the filing authority, the filing object, the register and the certificate of right. The definition of the filing of real property can be illustrated as follows: The filing of the real property is the activity of the filing authority to record the right of the real property and its change in the special register, which is trigged by the application of the filing obigee or the powers of the authority, and complied with the law.Secondly, this article will introduce the history and the development of the three main kinds of real property filing systems in the world. The deed filing system may regulate that when the parties reach the agreement and make the deed, the effect of the changing of the right of the property occurs, and the filing is not necessary. Such system is based on the intention of the parties. The filing authority does not make the substantial review, and according the filing does not have the effect of the publication, but can only defend the third party, so such system is also called the filing defence system. Where the right filing system and the Torrence filing system are applied, the changing of the right of real property is triggered by the filing, the filing requires substantial review, the filing has the effect of publication, and the making of the register is by the making of the property. The insurmountable defects of the deed filing system are obvious. Firstly, it is impossible to know the changing of the right of the property and the term and changing from outside. Secondly, the safety of the transaction can not be protected dynamically. Thirdly, the legal relationships can not be clarified. Therefore, the deed filing system is not able to meet the requirement of dynamically protecting the safety of the property transaction. While where the right filing system is applied, the public right of the nation intervenes, and the filing has the effect of the publication. So the right filing system is relatively more scientific and rigorous, and more complies with development of the current system of right of property, which is useful to the system of real property filing to be established by the our country.Thirdly, this article will intro...