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Validity Of Registration. Real Property

Posted on:2009-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:X H SunFull Text:PDF
GTID:2206360272459640Subject:Law
Abstract/Summary:PDF Full Text Request
Property Law is the essential part of the market economy law system in our country, and it is of great significance to social economy. Real estate registration system is one of the important contents of Property law, and the effect of real estate registration is the cone of the whole registration system. The thesis makes a study on the effect of real estate registration. The thesis has four parts.Chapter One introduces the concept and the characteristic of the real estate registration, and makes a comparative analysis on the main registration systems in contemporary various countries. The object of the real estate registration is not other right but the real estate property. The registration must be made in accordance with the law and recorded in the specialized book of government offices. There are three theories on the characteristic of the real estate registration, and they are public law act theory, private law act theory and certified act theory. The thesis thinks the characteristic of the real estate registration has both public law act characteristic and private law act characteristic, and we should pay more attention to the private law act characteristic. There are three real estate registration systems in the contemporary countries, they are formalism registration system, substantial registration system and Torrens registration system. We find that the formalism registration system has insuperable defect and it fails to meet the requirements of modern market economy. So substantial registration system is more scientific and precise, and it better protects the transaction security of real estate, it meets the requirements of modern property development relatively.Chapter Two introduces the concrete contents and principle of the effect of real estate registration, and makes a comparative analysis on the two modes of effect of real estate registration. The effect of real estate registration refers that the registration forces the actual function to the real estate of clients, and publication is the fundamental principle. Specifically the effect of real estate registration embodies five kind of effectiveness. They are effectiveness of the real right publication, basis effectiveness of transaction of real rights, deduce effectiveness of validity real rights, effectiveness of good faith protection and effectiveness of warning. The mode of the effectiveness of real estate registration divides into registration validity doctrine and registration confrontation doctrine. There are great differences between the two doctrines, and they both have some defect, and the thesis also analyze the reasons of the differences. Chapter Three makes an analysis on the relationship between the effectiveness mode of real estate registration and registration credibility. The thesis thinks registration credibility refers to the effectiveness that can make the third party believe the registration. The thesis makes a conclusion that registration credibility has no relationship with the effectiveness mode of real estate registration to some extent by comparing registration credibility with the two effectiveness modes respectively, but the registration validity doctrine is closer to the registration credibility. We can see that the country which takes the registration confrontation doctrine generally doesn't give credibility to registration, and the country which takes the registration validity doctrine generally gives credibility to registration by surveying the registration system of real estate in the main countries.Chapter Four introduces the effectiveness of real estate registration in our country and makes some suggestions. The effectiveness of real estate registration of our country was not uniform before Property Law came into existence. This influenced the transaction security of real estate and damaged the authority of law. Property Law prescribes that our country takes registration validity doctrine, except as otherwise stipulated by law. Property gives credibility to registration. In order to remedy the defects of registration validity doctrine, Property Law prescribes some auxiliary institutions such as advance notice registration, correction registration and dissidence registration. However there are still some defects in the Property Law of our country. There are many effectiveness modes of real estate registration, but there is only one registration system. There are no procedural safeguards to realize the registration validity doctrine. In the end, the thesis makes some suggestion on perfecting the registration system of real estate, including perfecting registration censorship system, perfecting registration book formulation, unifying registration government office, and perfecting compensation system of registration government offices.
Keywords/Search Tags:Effectiveness of real estate registration, Registration validity doctrine, Registration confrontation doctrine, Registration credibility
PDF Full Text Request
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