On Registration Of Real Estate Research

The registration of real estate is a fact that the applicant's rights of real estate is applied by obligee and registered by national department, or the legal registration of creation,transfer and defacement of the applicant's ownership in real estate in specialized institutions. Many countries in the world make laws in real estate registration according to their specific features. For quite a long time our country hold negative attitude against real right, and there has been theoretical and practical disputes as regard to the legislation of real estate registration, dispersion of registration organs, vague evidentiary in real estate registration.This paper focuses on the legal problems of real estate registration in China, analyzing the related theory in real right and the relational provisions in PRC Bill of Property Rights.The paper is divided into three parts. The first part discusses the basic theory of real estate registration—its meaning and historical development; the validity of real estate registration in relation to its creditability, presumption and defensibility; the function of real estate registration in ownership confirmation, protection of real rights, reduction of transaction cost, increase of efficiency, protection of transaction security and so on.The second part centers on the problems in real estate registration in China and the related disputes in theory and practice. Five problems are put forward: first, the inconsistency of legislative authority; second, the vagueness in the validity of real estate registration and change in real rights; third, the disunity of registration agency and the inconsistency in categorization of real estate registration and grouping of property rights; fourth, confusion in real estate examination; fifth, the absence of compensation mechanism in real estate registration mistake.The third part discusses the resolution to these problems: unified registration system, unified registration agency, classification model and procedure are proposed in national scale;the strict discrimination of creditor's rights and real rights according to the difference between absolute rights and relative rights, that between rights of control and rights of claim; the discrimination of juristic act of real rights and claimer's rights; with the recognition of malpractice of registration antagonism adverse to reduction of transaction cost and transaction security protection, the validation of registration is set as the transfer model of real rights; by tracing the emergence, development, and social value of registration credibility, real estate registration is endowed with public credit; the equal applicability of bona fide acquisition in registered real estate, personal estate, unregistered real estate; with the comparison of different merits of substantial and formal examination, the practical demand of validity and creditability of registration, the substantial examination is proposed in registration application procedure; intermediaries such as lawyers and notaries are suggested to participate in the registration procedure as a relief of the burden of registration agency, so that window scheme in substantial examination can be put into practice; insurance and compensation mechanism in mistaken registration are recommended to maintain registration creditability and to intensify the sense of responsibility of registration staff: insurance premium is withdrawn proportionally from the registration fee, so that compensation is mainly undertaken by insurance company while registration staff and intermediaries share part of the responsibility, through all of which loss can be retrieved, the sense of responsibility of registration staff can also be intensified.