Study Of Real Estate Registration Credibility

The registration of real estate, which is the pattern of the change of property right, is an important system in the legal life of mankind. As a basic rule of the protection of the third party, the effect of public conviction dependent on the registration of real estate, which makes up an important part of the principle of public summons and public conviction if the law of property, has received popular acknowledgement from our domestic scholars. The values of modem civil law come along with the system of public conviction. Stressing on the analysis of the character, system construction and legal value of public conviction of the registration of real estate, based of the registration public conviction system, and with systematic method, this thesis discusses the rationality and justifiability of interrelated systems in the property law, such as bona fide acquirement system and widely disputed theory of juristical act of property right.This thesis is subdivided into three sections:The first section is concerned with the general description of the registration system of real estate. This section summarizes the history and evolution of registration system and then defines the private law character of registration. In succession it discusses private law'seffectiveness of registration------ antagonism and public conviction, naturally drawing aconclusion that the scope of the protection for the third party of antagonism is small than that of public conviction. The effect of public conviction dependent of the registration of real estate, as the logical result of public summon under the pattern of formalism legislation of the change of property right, should be adopted by the legislation of property right in our nation.The second section concerns itself with the construction and legal value of the public conviction dependent on the registration of real estate. Firstly the division of property right and creditor's right in our civil law is the basic theoretical background of the legislation pattern of the public conviction dependent on the registration of real estate. Secondly right presumption of registration is the logical starting of public conviction. And discusses the conditions of the protection from registration public conviction for the third party: goodwill ofthe people who need protection, inconsistency between legal property right and real property right, the acquirement of property right for the third party should be based on legal act, and the justifiability of registration.Registration public conviction is the embodiment of value tendency of civil law. Public conviction is propitious to the reality of safety of trade, value of effectiveness, value of freedom, value of justice and so on.The third section focuses on public conviction dependent on the registration of real estate and systematism of civil law. The systematism of civil law is the first part of this section. Based on public conviction dependent on the registration of real estate and with systematism effect method, this section discusses about justifiability and rationality of the property right act theory and bona fide acquirement system of real estate: the support from the property right act theory is of necessity for the establishment of public conviction dependent on the registration of real estate, and the property right act theory explains the registration public conviction. Public conviction can explain the necessity and justifiability of bona fide acquirement system of real estate. That logical consistency of property right act theory, registration public conviction and bona fide acquirement of real estate makes the inner system of property law more legible. Finally, the author makes a brief comment on the interrelated regulations in the draft of property law according to the point of view in this thesis.