Register On The Basis Of The Credibility Of The System

The purpose of this thesis is to analyse the relationship between thepattern of real rights transfer, the registration procedure and OffentlicherGlaube des Grundbuchs and try to find the institutional basis of OffentlicherGlaube des Grundbuchs, that is, how to design the legal elements of realrights transfer and the registration procedure if Offentlicher Glaube desGrundbuchs is recognized.Offentlicher Glaube des Grundbuchs comprises of two aspects ofcontent—vermutungswirkung and gutglaubenswirkung. The purpose ofOffentlicher Glaube des Grundbuchs is to protect the security of real estatetransactions and the third party in good faith. The operation of this systemdeprives the real owner of his rights, so it is very important that the registeris usually correct. For all of these, it is necessary to establish titleregistration system, and the real rights can only be valid on its registration.Additionally, the legal elements of transfer and the registration proceduremust be reasonable.There are inherent relationship between the pattern of real rights transfer,the registration procedure and Offentlicher Glaube des Grundbuchs. Besidesthe system of rights registration, we must take measures to reduce theelements that make the transfer of real estate invalid as well as adopt thesystem that the transferee will not acquire the property until the completionof registration. These needs can be met under either the pattern of thecreditor's rights formalism or the patter of real rights formalism, however,besides the expensive censor cost of under the pattern of the creditor's rightsformalism;the comprehensive censor will inappropriately restrict thetransaction of real estate and invade into the private lives of the parties. Allof these disadvantages are avoided under the pattern of real rights formalismfor the adoption of the separate principle and abstract principle.As far as this is concerned, there are some flaws in the three drafts ofLaw of Real Rights which should be corrected.In conclusion, there must be matching systems that can supportOffentlicher Glaube des Grundbuchs. The legislation suggestion should notonly concentrate on the advantages of Offentlicher Glaube des Grundbuchs,but also study the institutional construction, historical origin, matchingsystems and foreign legislation' attitudes to Offentlicher Glaube desGrundbuchs, and analyse the factor that affect the decision aboutrecognizing or negating Offentlicher Glaube des Grundbuchs, and thanmakes the correct choice.