Study Of The Real Property Registration System

The real property has specially important status in the social and economic life, so how to create scientific real property right system is substantial content in civil law of many countries. Registration system determines the acquisition and exercise of real property right as the method of public summons and provides legal guarantee for speedy mobility and transaction safety of real property. But there is no unitary statute about registration of real property in our country, current laws are very messy and among them some laws haven't adapted to demands of social and economic life. When we are going to formulate real right law, it is more urgent for thorough study to the registration system of real property.On the basic of thorough ponderation, the author considers that we should refer to relevant legislation of foreign countries to perfect our registration system of real property and puts forward his own viewpoints about that. The dissertation is divided into four parts.Part one, the history and comparative research on the registration system of real property. This section discusses the origin of registration system and makes comparative study of three typical legislation model. Basing on sum-up to the legislation model, the author analyzes the reason of difference between French and German law about registration system.Part two, the research on the basic legal problems about registration system of real property. Starting with the definition of registration system, this section discusses the meaning, quality, varieties and legal force of registration. Among those the author studies legal force emphatically for the reason why registration system has important institution value is its legal force, and discusses it at two angles of fixed and preliminary registration.Part three, present situation of our registration system of real property. In this section, the author analyzes the flaw of our presentrecord legislation, and thinks that there is no unified managerial system of real property registration, the varieties of registration aren't complete, the legal force isn't clear, and there is violation against right from authority in the process of registration.Part four, perfection of our real property registration. In this section, the author puts forward concrete advice to perfect our registration system of real property, consisting of formulating unified legislation of registration system, clearing legal force of registration, perfecting liability system of administration office, enacting preliminary registration system of real property.