Study Of The Real Property Registration System

The registration system of real estate is the foundation for the law of property, and plays an important role in it. While real estate trade in our country develops rapidly in recent year, the mess and weakness of the registration system of real estate restrict and influence the efficiency and security of real estate trade. So to strengthen the study on this problem has important theoretical meaning and practical value. In this thesis, theoretical and practical problems concerned are explored thoroughly by comparative, legal philosophy and legal economic analysis.Except preface and concluding, this thesis includes four parts. The first part analyzes its foundation of law principal and states the meaning of real estate registration from theoretical origin, which are the principle of publicity in the countries denying abstract of real right and the theory of juristic act of real right in the counties acknowledging abstract of real right. The second part analyses the effects of different modes of real estate register. Which, this part proposes our country should and perfect the effects of real estate registration. It is relatively more scientific and rigorous, and more complies with development of the current system of the real right. The third part divides the real estate registration into the original registration and pre-registration. It recommends the pre-registration system in German, Japan and Taiwan. Pre-registration system is the kind of the registration pursuing to protect the relative right of registration application, including the forenotice registration and the demurrer registration. The completed original registration and pre-registration system are vital the protection of the rights of the parties, and themaintenance of the safety of the transaction and the order of the market. Then, this part analyses the deficiency of concrete registrations of current legislation in our country. However, so far the original registration system of our country is not complete, let along the pre- registration system in the real sense. We must keep in mind that the pre-registration system be based on our own model of real right registration, and be coordinated with other civil institution. The fourth part analyzes the current situations of real estate register of our country and put forward the legislative proposition. The writer thinks that as an authority of protecting the ownership, the registration office should be an independent agency, which can be responsible for the remuneration legally. In our country we must choose the land management bureau as the registration office. The registration office should set up a united registration list, on which it can clarify the circumstances of the ownership of the relevant real properties to provide accurate and complete information for the public, so as to facilitate the transaction. It is necessary to expand the scope of registrable rights and complete compensation system. In order to establish a complete registration system, we should also set up the forenotice registration, the demurrer registration that can protect the party's claiming right to the relevant real property.