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Study Of Real Property Registration Opposition System

Posted on:2011-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2216330338499259Subject:Law
Abstract/Summary:PDF Full Text Request
March 16,2007 promulgated the "Property Law" under Article 19 of the real objection to the registration system. Real property registration opposition system was originated in the Prussian law, then in the "German Civil Code" been formally established. In recognition of the credibility of the real property registration formalism legislative system, the challenge lies in the effectiveness of the registration of the nature of ownership of real property by the controversial publicity, the credibility of the original registration shall be blocked, allowing a third party based on the original registration the right to presumption of access to be restricted, and therefore the right time in the opposition lost the faith of the real result of good faith for the defense of true rights, and ultimately to protect the real purpose of true rights.Real property registration opposition system is new in our country, "Property Law" on the registration system requires that dissent is the principle of interoperability is not strong. The objection in the registration application of the law are bound to encounter many problems:First, the scope of registration errors are not clearly identified, the case does not challenge the provisions of cancellation of registration; Second, opposition proceedings preservation of the relationship between registration and treatment; Third, objection to the registration of registration opposition is an administrative action or appeal to a civil action, not explicitly; Fourth, real property registration opposition does not specify the legal effect of registration; Fifth, although the principle objection to the registration provisions of the issue of compensation, but for the responsibility principle, the scope of compensation were not as clearly defined.In judicial practice, these problems must face and resolve the process, the author's objection to the registration system of national comparative analysis, combined with our existing legal system, real property registration opposition system in depth. This article is divided into four chapters. The first chapter:overview of real property registration opposition;The second chapter:real property registration opposition conditions and procedures; The third chapter:the legal effect of real property registration opposition; The fourth chapter:liability of real property registration opposition.
Keywords/Search Tags:real property, real property dispute, real property registration opposition
PDF Full Text Request
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