On The Registration System Of Real Estate

This paper consists of four chapters.Chapter One introduces the various conclusions made by legislative scholars on the concept of real estate, and then defines the concept on the registration system of real estate and expounds the concept of registration system of real estate both in the broad sense and the narrow sense. The evolution of real estate registration system will also be discussed. The paper mainly focuses on the developing process of real estate system in China after analyzing the developing process of real estate registration system. Finally, the paper defines the nature of real estate registration, for which there are three theories now: public law action, proving action and private law action. After the introduction of the above-mentioned three theories, the current worker thinks that registration should embody its nature on private law and then sets forth the reasons from three aspects: the whole process of action, the effect produced by registration and the relief procedure.Chapter Two mainly introduces the basic types of real estate registration system. The current worker classifies the real estate registration by four criteria on the basis of using varied classification standards of scholars and then introduces the concepts and characteristics. The Chapter also discusses the legislative case of real estate registration system and introduces three types of real estate registration system in the world: contract registration system, power registration system and Torenssyhem registration system. The concepts, evolution and features of the above-mentioned three systems will be expounded as well. On the basis of this, the writer combines three legislative cases of real estate registration system in the world and analyzes the real estate registration system in our country. The writer thinks that the the real estate registration system in China applies the principle of obligee voluntary application; the main form of registration applies investigation and the land and houses registered applies the unified certificate-granting system. The certificates issued can be exposed to the public. But at present the effect of real estate registration is not unified.Chapter Three is divided into two parts. Part One deals with the power of public trust of real estate registration. First, the current writer reviews and analyzes the foreign legislative...