On The Effectiveness Of The Registration Of Changes In Home Ownership Occurred

The real property registration system takes the most important position in the law of real right, and plays an important role in the alteration of the real property, which can decide whether the right become alternated or not in the lawmaking background of Pharisaism,and can decide whether the obtained right can resist the third people or not in the lawmaking background of antagonism.We are drawing up our law of real right.There Is not a unified law about the real property registration in our county, and related regulates distribute in some department's regulations, statue and judicial explaintions,but because those rules are drew up by different department, those are self-contradiction. Strengthen to the research the effect of registation has academic and practising meaning.The text attempts to analyse the effects of registration in the alteration about ownership of house and the effective elements about registration from the point of the legislation about the real right and the existent problem in the ownership of house in thetown ,and combining the relating theories of the civil law system,with the methods of comparative law.This text can be separated three parts:The frist part is about the influence that the registration on the alteration of ownership about house,including the oversea mode of legislation about the alteration of the real right and the effect of regitration.By analysing the effect of registration about alteration of the house's ownership in our country's law,we can see we accept the mode of registration making the alteration of right effective from denying the effect of the contract about the credit because don't need register at first ,to gradually distinguishing the difference between the effect of the contract about credit and the effect of the real right's alteration latter,and to making the registration as the effective elment of the alteration about the real right at last.From these changes,we can find the progress in our legislation about real right and can manifest that we gradually recognize the juristic act in rem.This part analyse some problems in our Draft about real right code,and consider the registration of real right should combine the situation of our country,and adopt the formalistic mode which endow registration with publictrust,and protect the safety of transaction,meanwhile using the system of unjust enrichment to protect the behalf of original possessor.The second part is about the character of registration. This part discuss the character of registration,in order to discuss the effective element of registration.The third part is about the effective element of registration.This part discuss the right claim about the registration.and analyse the effective element of registration from the point of the character of registration.The author think the registration is a kind of juristic acts that need explicit expression of intention,and must satisfy the legal requriement in the procedure about registration,namely fufill the effective element in the form.Only the proposer's application can begin the procedure of registration.The proposer must have the qualification and submit some files to satisfy the formal element.Meanwhile registration must fufill the essential element such as the proposer and the obligor have the capacity for juristic act , and the intention expressed is genuine and consistent,and the obligator have the right of disposal disposes of the house that is going to be registered.A real right registration can produce the effect that parties wish only if it satisfy the element both formalic and essential.At last,this text clarify its own viewpoint,which thinks the alteration of real right in our county should adopt formalism that means the alteration don't effect if it is not registered,and affirm the difference between the real right and the creditor's right. Legislation should recognize registration have the effect of public trust, putative right ,to protect the safty of transaction.According to the situation of our county ,the parties need't make a independent contract in rem,but as they make the registration,they must have a manifest expression of intention.the registration as a kind of juristict acts,shuold satisfy the element of juristict acts.