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Study Of Real Estate Registration System

Posted on:2006-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:D P LiuFull Text:PDF
GTID:2206360155469110Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The registration of the real right of real estate is the most important thing in the legal system of real estate, and it is one of the key contents of the law of real estate, which has extensive and far-reaching legal meanings. The research in this respect of our country is still very weak at present, and a large number of disputes on the issue exist. In view of this, this article attempts to probe into relevant problems of the legal system of our country, in order to protect the real property effectively and promote the fast development of social economy.This dissertation is divided into three parts: the analysis of the registration system of real estate, the inspection of registration system of the foreign country and the perfection of the registration system of our country.The first part is to elaborate the relevant contents of the registration system of real estate, including the concept, the nature and the theoretical foundation. The registration of real estate is a fact or behavior, the applicant's right of real estate is applied by obligee and registered by national department truly. According to the common view of scholars of our country, the nature of real estate registering should belong to a kind of administrative behavior. What it reflects is the national administrative reasonable intervention to the relation of real right of the real estate of national authority; its purpose is to define various kinds of real rights and to protect parties' legitimate rights and interests in accordance with the law. Functions of the modern real estate registration systems of various countries generally have double nature, namely the function on the private law and function on the public law. The theoretical foundation of the real estate is explained from four respects: the real right is a kind of absolute right, have absolute exclusiveness effects, so the change of the real right of real estate need to adopt the announcement way to be registered; it helps to protect the third party acting in good faith; it helps the country to manage the supervision to real estate on the macroscopic; analyzed in terms of economic benefits, establishing the registration system of the realestate can avoid a lot of economic disputes, maintain the social economic order.The requesting right of registration refers to the right that the registering obligees enjoy and ask the persons who have the obligation to perform or help to fulfill their duty. It can produce by the provisions of the law, or produce on the basis of both parties' agreement. The legal effect of registering of real estate is the actual function which is exerted toward the party's rights of real estate. The establishing, altering and ending of the real right must carry on announcement, and it has power of public trust by announcement. So the effect registered still behaves in public trust registered.The relevant important contents of the registration system of real estate include the content registered, the registering kind, the registering organ, registry, and advance notice registration system etc. So-called content registered, is the content that should be recorded at real estate registry by registering organ. Registering organ and registry involve the course of operating of the registering. The real estate registry is the means important to guarantee that real estate is traded safely, swiftly; and it has significance in realizing the purpose of real estate. The meaning of registering lies in the real right' altering that that the obligee expects to takes place in the future is extremely important to oneself, approved and ensured by the law.The second part is the investigation of the registration system of the foreign real estate. The article has introduced the historical evolution of the real estate registration system of foreign countries especially western countries at first, then compared them. The real estate registration systems of all world countries and regions have sizable differences; the reason lies in sizable differences in the legal principle legislated based on. There are mainly three kinds of modes namely the registration system of the contract, the registration system of the right and Torrence's registration system at present.The article has acquired the enlightenment through the comparative analysis between the registration system of real estate of our country and registration system of the foreign real estate. First of all, the registration systems of real estate of variouscountries are based on national civil basic law, and with the law of single file; not only its design is rational and the system is intact, but also keeping national legislative tradition and embodying the national characters. Secondly, the real estate registration systems of various countries are often the system registered together in house and land. Adopting registering with a doctrine on the legislation of our country is favorable to the national control over real estate. Our country's present real estate legislations, such as " state-run land using right managing law " and " real estate law " made in recent years, stipulate that the establishing, changing and ending of the real right of real estate must be registered. The current registration system of our country lies between Torrence's registration system and registration system of the right. This behaves in two aspects mainly: registration is an important document to come into force of the real estate right's change. According to our country's current laws, registration is a condition to make the change of real estate right to come into force. Registration is an important document that the emergence, change and eliminating of ownership and right to use of real estate in our country come into force with. There is no difference with Torrence's registration system and registration system of the right in this aspect.The third part is a key content of the article, whose purpose is to solve the problems that exist in our country's real estate registration system. On the basis of investigating foreign country's real estate and tradition of registration of real estate of our country, this part has analyzed at first all sorts of questions that exist in the registration system of the real estate in our country. These questions behave in these respects mainly: the legislation of real estate registration not perfect, the registering organ of real estate of our country not unified, the range of right of real estate registered indeterminate, the law effect of registration not unified, the management of the real estate registered in urban and rural areas not unified, type of real estate registered not perfect, the compensation issue of mistakes of the real estate registration short of stipulation, the information of real estate registered scarce to come into the open, the registering laws and regulations of real estate short of assemble registration system,registration system of advance sale of commodity apartment etc. Our country's registration system of real estate has a great deal of issues, which not only cause the confusion of management, but also have hindered the development of the economy of real estate of our country. So, the article has put forward the corresponding solution to these problems, including perfecting legislation of the real estate register, unifying the registering organ of the real estate, defining the range of the right on the real estate register, unifying the effect of registering and the management of the real estate register in urban and rural areas, stipulating the perfect types of real estate registering, setting up the responsibility mechanism of wrong registering, setting up the system consulting publicly of information of real estate registering, setting up the registration system to assemble property, setting up and perfecting registration system of the advance sale of commodity apartments, etc. These respects are all problems to be solved urgently of registration system of real estate of our country at present.Registration system of the real estate can make the change of the real right of real estate confirmed and provide the legal guarantee for trade security; it is an important means of management of the real estate and foundation of the modern real estate system, paid attention to by more and more people. The change of real estate right must be registered; the realistic right is not the most important. So, in both theoretical research and law practice the registration system of real estate has prominent position and function.
Keywords/Search Tags:the registration of the real estate, the registration system of the real estate, the perfection of the registration system
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