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Study Of Real Estate Registration System

Posted on:2008-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:X H ShenFull Text:PDF
GTID:2206360212986102Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Real property is of the most importance to a nation's economy and its people's lives. It is also the base which the development and existence of people to rely on. Since the reform in state-owned land transferring system that began in 1987, China's real property undertaking has experienced high-speed development. But legislation regarding real property is relatively left behind, not exceeding the framework of Hong Kong's counterpart that was taken as a model in the beginning. Now no uniform structure about theory of registration of real property comes into being in our country due to its immaturity. So we must embark on a long road with formidable tasks lying ahead to achieve the goal. After investigating the current status of real property laws in our country, this thesis analyzes all the theories about registration of real property. At the same time, the thesis is also aimed to offer some advices to the reconstruction of China's real property registration system by referring to the concerned foreign law.This thesis consists of three parts:The first part introduces the theoretical basis about the registration of real property and studies the framework of foreign registration of real property. What's more, it also analyzes flaws and the current status of registration of real property in our country.Based on the existing drawbacks of registration of real property, the second part analyzes the responsibilities of faults assumed by the registration departments concerned and supervision problems. Furthermore, this part introduces the advanced legislative experiences in foreign countries and proposes to bring the responsibilities of faults of registration departments into national compensation.According to the remedies to the third party when registration of real property has errors, or from the viewpoint about the Bona Fide Acquisition of real property, the third part discusses how to make the system of real property perfect. Based on the positive and negative points about the establishment of the Bona Fide Acquisition of real property, this part analyzes the basis of the Bona Fide Acquisition of real property and principle of law. Furthermore, this part testifies that it is necessary to establish the Bona Fide Acquisition by comparing foreign law with China's. The conclusion that the Bona Fide Acquisition of real property should be set up in China is drawn. At the same time, the legal effect of the Bona Fide Acquisition of real property is studied. Finally, the suggestion about reconstruction of registration system, especially the registration of real property, is put forward.
Keywords/Search Tags:real property, registration of real property, registration fault, Bona Fide Acquisition
PDF Full Text Request
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