Study Of New Type Of Real Estate Property Publication

Publication method of real property transfer is one of the important part of property publication system. As a generally accepted theory in modern times, it is considered that publication method of real property transfer is recordation in all countries legislation. Chinese Real Law act provides similar regulation on this question- "recordation". But if reviewing this generally accepted theory and the feasibility and efficiency of the related legislations (draft bill) guided by it in positive light, two elements let us rethink -Is this generally accepted theory accurate and wholly? And are the related legislations (draft bill) scientific and feasible?"Besides, shangkuan--shi pointed out in his works on publication method of property transfer: "In order to perfect the publication method and overcome the deficiencies of recordation and delivery, we should consider admitting other model of publication method." This enlightens us to study other new methods of publication besides recordation and delivery. This thesis takes "witness of transfer" in china countryside for an example, then makes initial study on "new model of publication method of real property transfer" .It can be good for the thorough study and the Real Law legislation on this question.The following is the frame of this thesis:Preface narrates the related theory and the background of legislation of "new model of publication method of real property transfer", and explains the three causes of the study on this question. Emphasized the view of positive approach, it stresses the economic and historical analysis of law, and points out the significance and value of this study.Chapter one is the social investigation and positive analysis on the new model of real property transfer in china.From the enlightenments of the civil and commercial customs in the early days of 20th century to the legislation of property law and civil code, the first part of this chapter relates the necessity and value of the new model of publication method of real property transfer which influences the social life unconsciously.The second part of this chapter makes a simple introduction of the investigation of the new publication method of real property transfer, including the investigated areas, the results of the investigation and typical examples.Used positive analysis approach, the last part of this chapter summarizes theinvestigations of new model of publication method of real property transfer and concludes: First, in China real society, it is a multi-system of publication method of real property transfer------besides recordation, "witness of transfer" exists as a new method;Second, thismulti-system is rooted in our country's city-countryside dualistic social structure.The second chapter is the historical analysis of publication method of real property of Roman law and thereafter.According to a special way of classification of things, the first part of this chapter studies the publication method of "res mancipi" real property and "res nee mancipi" real property respectively;furthermore, this part also sorts out the publication method of real property transfer thereafter in order.In the light of historical approach, the second part of this chapter summaries the investigations of the publication of real property transfer of Roman Law and thereafter, and concludes three regulations and characteristics of its development;First, in different historical period, there are different types of method of publication of real property transfer, but not unchangeable;Second, in the same time and same area, multiple kinds of publication method coexisted;third, behind the developmental surface of the publication method, the deciding aspects are economic and social elements.The third part of this chapter discusses legislation draft of publication method of real property transfer, the investigation and the historical analysis enlightening anterior.Above all, according as reflection on trouble with the law study and practice current, the guideline and thread of legislation draft of publication method of real property transfer are put forward.Secondly, four reason for the thread of legislation are discussed minutely. Firstly, the multi-system's thread of legislation draft of publication method of real property transfer can adapt to requirement of the Chinese society;It learns from the other legislation;It can satisfy that function of publication method of real property transfer is come true;It makes real property transfer full of efficiency.The third part of this chapter is continuation.