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Real Property Registration System For A Number Of Issues To Study

Posted on:2006-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:B XueFull Text:PDF
GTID:2206360182476754Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a basic system of the property law. the legal system of registration for real estate rights is vital to the property law system. Today, since our country is making the civil code and the property law, researching on the registration system of real estate rights has realistic theory meaning and practice value.In my opinion, in order to make clear the theory problems relating to the registration system of real estate rights, we should begin from analyzing its history process, and then examine some basic theory problems in the field. Based on the above theory, we can review the present system of our country, finding out its advantages and disadvantages, and furthermore give some constructive advices of legislation and system designing.This paper includes three parts. The first part of the paper deals with the main involving concepts, including the real estate, the real estate rights, the registration of real estate rights and etc. The second part states three typical legislation methods as well as its characters of real property registration in the world: Germany Registration Regulation, France Registration Regulation and Torrens Registration Regulation. With contrasting their advantages and disadvantages and considering the present situation of our country's real property registration, it is advised that China shall, in consideration of deal safe as well as legislation science, establish a new real property registration regulation after absorbing the advantages from Germany Registration Regulation as well as Torrens Registration Regulation. The third part focuses on our country's condition, pointing out the shortage of the present system and put forward some lawmaking suggestion and system speculation.From above, the registration for the real estate rights, the author thinks, is vital to the private, the country and the society as a whole. The present registration system in our country exist many shortages, but the most urgent problem is the integration of registration organization. This paper thinks that our country should establish a characteristic registration bureau at each county district. The personnel of each registration bureau should be looked as apart of the community of law occupation. Only by this, can we realize the identity of theregistration organizations and the specialization of the registration personnel.
Keywords/Search Tags:Real Property, the Registration System of Real Estate Rights, Legislation Reflection
PDF Full Text Request
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