On The Credibility Of Real Estate Registration And The Interests Of A Third Party Protection

With a premise that real property registration credibility provides the public with a reasonably reliable appearance of right in the form of registration, real property registration credibility breaks the de facto property right relation, and offers protection to the third party with good faith, demonstrating a principle of transaction security prioritizing protection;and it is of vital importance for realizing a good utilization and circulation of the real property right, and for safeguarding the transaction security. In this paper, the writer, within a Chinese context, is to conduct an analysis of the concrete construction and the efficacy of this regime, for the purpose of dedicating a humble effort to the improvement of China's real property legislation.This paper consists of three parts: preface, main content and conclusion.Intending to give a pre-conditional explanation for the studies below, the preface is mainly focused on an introduction of the background and significance of this paper, including a brief presentation of the status-quo of real property registration credibility both in China and in foreign countries, and the methodology for this paper, etc.The main consent is divided into five chapters.Chapter I first give definitions on relevant concepts concerning real property registration credibility and its connotation, and through comparing the legislation cases in foreign countries, an analysis on the relations between registration credibility and property transference mode will be conducted, on the basis of which the status-quo of China's real property registration credibility will be analyzed, then it advances that China should recognize real property registration credibility, serving as a base for the discussions on this paper.Chapter II explores the basic theories of real property registration credibility, mainly involving in the theoretical basis. Through analyses, this paper holds that registration serves as the method for public display of property transference, and it is because registration may form a reliable right appearance that the law endows it with credibility. Besides, a sound registration regime is the legitimate foundation upon which registration credibility exists, and the protection by registration credibility according to the registration appearance on the third party with good faith embodiesthe value pursuance of the modern civil law in protecting transaction security and other principles of good faith. Thus, the construction of real property registration credibility should rely on this basic theory.Chapter III focuses on the concrete construction of real property registration credibility. This paper conducts a further and deeper research and discussion on the traditionally-held material essentials, and a probe to certain extent into the new components put forward by some scholars, and thus make a simple evaluation of the relevant provisions in China's Property Right Law (Draft), and some advices on the concrete construction of China's real property registration credibility.Chapter IV focuses on an analysis of the efficacy of real property registration credibility. Viewing that the main function of credibility lies in protecting the trust interest of the third party with good faith, This paper, under the framework of China's formalism of credit right, makes a probe into the efficacy of the third party with good faith in acquiring this registration credibility in the perspective of protecting the interests of this third party. Through a definition of the nature of the bona fide acquisition by the third party and an analysis on the relations between it and the disposal without authority, a conclusion is thus made that China should recognize the validity of the contract for credit, so as to better fulfill the efficacy of registration credibility.Chapter V focuses on some thoughts about China's legislation on real property registration credibility. Through an analysis on the relations between registration credibility and the bona fide acquisition of real property, this paper holds that the bona fide acquisition of real property should be recognized on the basis of recognizing registration credibility in order to emphasize the protection on the third party with good faith;and an evaluation and analysis will be made on the single structure of the bona fide acquisitions of both moveable property and real property stipulated in China's Property Right Law (Draft), and then a conclusion is thus made that they should be separately stipulated.The final part is a summarization of this paper, epitomizing the central thesis of the paper, which will thus serve as a conclusion.