Real Estate Ownership Registration System

The registration system of commodity house rights is one of theimportant parts of the real estate registration system. It plays an importantrole in regulating the order of house market and protecting secure deal ofcommodity house. However, the registration system of commodity houserights in our country is still incomplete, so it cannot protect the rights ofbuyers perfectly. This thesis presents the suggestion to improve this systemby comparing and introducing the advanced real estate registration systemsfrom continental-law-system countries.This thesis consists of about thirty thousand words. It has three parts:In the first part, the basic conception and theories of registration systemof commodity house rights are introduced.The commodity house is the house constructed and sold byhouse-developing enterprises. Sale and presale are two forms of commodityhouse deal. The registration of commodity house rights in this thesis refersto the registration of property rights in sale. And basic theories of thisregistration system include value, function, mode, effect, type andprocedures of registration system.The value of registration system is reflected by efficiency and securitywhich includes statistic security and dynamic (deal) security. These valuesare interactively contradictable, leading to different mode of registration incivil law system, that is, formalistic mode of registration and intentionalexpressionism mode of registration. Different registration systems bringabout different effect of registration including effect of antagonism, effect ofright alteration and effect of public conviction. The classification ofregistration type and the run of registration procedures are to guarantee therealization of effect of registration.The second part analyses the defect and insufficiency of the registrationsystem of commodity house rights in our country. Nine aspects of defect andinsufficiency are listed. (1)The registration law and regulations areinconsistent and the registration effects are inharmonious. (2)Departments of registration are various. (3)Damage liabilities of registration departments areimperfect. (4)The definition of registration type is obscure and imperfect.(5)The rights of requisition and application of registration are incomplete.(6)The methods of registering application are conflict. (7)The registrationagency system is not perfect. (8)The inquiring system of registration is notperfect. (9)The mode of registering examination is not clearly established.In the third part, the author presents suggestions for the registrationsystem of commodity house rights. They include the following: (1) Unifythe registration law and registration effect. The author agrees the formalisticmode based on effective contract of commodity house transfer. This modemakes the alteration of commodity house rights effective after registration ifthe transfer is legal. And the registration in itself does not affect the effect ofcontract of transfer. (2)Unify the registration department. The authorsuggests the land administration department at the county level as theregistration organ. (3)Unify the damage liabilities of the registrationdepartment. The registration department should take the non-negligentliabilities and compensate the damaged completely if it registers wrongly.(4)Unify the registration procedures which include the following parts: setup the rights of requisition and application of registration, establish theprinciple of common application supplemented by single application, formthe principle of essential examination mode supplemented by formalexamination called "window" examination, regulate the system ofregistration agency and provide the service of inquiring the registrationinformation. (5)Unify the registration type. The registration of commodityhouse rights belongs to registration of rights-transferring. Meanwhile, thecorrecting registration and the dissenting registration should be establishedfully. (6)Unify the certificate of rights and the registration book.