The Effectiveness Of The Registration Of Real Property

Real law is the focal points of the future real right law in our country. Real property resignation system is one of the important contents of real law, and the effect of real property is the cone of the whole resignation system. The thesis explores thoroughly the effect of real property registration by law philosophy, law economics and comparative analysis method. The thesis is composed of five parts.The first part is the legislative comparison of main resignation systems in contemporary various countries. Real estate legislative styles of resignation system that various countries set up have deed registration system, right registration system and Torrance registration system. Through the legislative comparison, we have clearer understanding current legislation situation and difference of the effect of real property registration in various countries.The second part analyzes deeply on registration confrontation doctrine. Japan civil law has different views about the meaning of registration confrontation doctrine, and the thesis agrees to adopt the general opinion. The theoretical foundation of on registration confrontation is the real right publication principle. About the range of the third person, Japan civil law goes through a development from unrestraint saying to restraint saying. The thesis agrees to adopt the restriction that is "or eats up or eaten".The third part analyzes registration validity doctrine deeply. The theoretical foundation of registration doctrine includes real right behavioring theory and right publication principle. Registration validity doctrine has five concrete expressions besides public trust principle.The fourth part is the comparison of registration confrontation doctrine and registration validity doctrine. The former's value orientation is the safe standard; the latter's value orientation is the free standard. The former regards principal as "reason" people, but the latter doesn't. The two kinds of legislative models have some weak points, so some countries and regions adopt one legislative doctrine often with another legislation.The five part is our country's legislative design on the effect of real right. Our country should establish that registration has public trust. Our country should take registration validity doctrine as the principle. The registration shouldn't be the point for the tenancy agreement or leasehold interests in land.