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The Construction Of The Realty Register In Our Country

Posted on:2012-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:X J ZhaoFull Text:PDF
GTID:2216330338959395Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The real property register of realty registration system is the one of the core contents, the real property register to realize the property publication advisors effectiveness is an important basis for real estate, register the correctness of the transaction of quick, safe is important, but the real property register records errors affect not only real obligee's interests, and involves register the credibility of the registration organ liable, undertake such countries administrative domain. Therefore, theoretically looking for the theoretical basis of the realty register setting, and from the reality to consider China's future legislation on this issue of the deserved choice, for our country the realty registration system and even the whole law perfect has certain theoretical and realistic significance.This paper based on the effectiveness of the realty register, insist on systematized, comparative, history and legal interpretation, research methods, for the world in major countries and regions legislation based on comparison and analysis of our country, from the actual conditions of our country, the construction of the realty register a thinking. Except preface part includes outside this article five parts, its main content as follows:The first part, the real property register related concepts comb. In this part, mainly through all countries and regions on the legislation on "registration" expressions of investigation, analysis "register" in different contexts of the specific meaning, to clarify the registration activities, registration records and register for the different referred to in the realty register below the effectiveness of constructing and lay the foundation.The second part, the validity of the realty register. In this part, mainly inspects the realty register of the public advisors, expounds the realty register to effect the important role of trade safety and efficiency. The real right of rights to the attributes needed to represent the appearance of existence, since the legal rights of property rights of characterization determined way, then must guarantee the way established rights characterization function, which needed to give register with credibility. In the real estate sector, it can realize property publication advisors effectiveness of the real property register, but this is theoretically looking for constructing the realty register theory basis. The third part, the real property register system environment. In this part, mainly insisted systematism research methods, through analyzing and register public advisors effectiveness of formation and play related realty registration validity mode, the dissidence registration system and correction of the registration system, and the real estate registration review to examine the realty register of procedure guarantee system.The fourth part, the real property register the legislative cases inspection. In this part, main investigation in major countries and regions in the world about the real property register style design, open and check system and register supplement made and rebuild the related regulations, this for the next part of the establishing of the real property register for reference.The fifth part of the real property register, the construction of our country. This part is the main body part, this paper mainly around to the real property register public advisors effectiveness play creatively advanced from entity and procedure in the two aspects of constructing the real property register. In the realty register entity, first, constructing two angles from narrow and broad to define the scope of the real property register, Secondly, the real property register style design as technical measures, must be able to clearly reflect the real situation, for the public to obtain and understand information provides the convenience, Again, the real property register the content shall be recorded with the development of social economy constantly enrich, in order to fully play the realty register of the public effect may be appropriately loose the numerus clausus principle, the creditor rights such as content can also recorded in register above all; Finally, strict distinction between the real property register and the ownership certificate of the realty register is real and clarify the rights and determination of basis. In the realty register program construction, from five aspects to ensure the correctness of the real property register, in order to ensure their advisors effect. Among them, the registration authorities and preservation organ of separation, registration, the registration records program legal authority to execute examination as to substance and register public and query from beforehand program to guarantee the credibility of the register, and "dishonorable registration" compensation system from afterwards to reinforce the credibility of the register of relief.
Keywords/Search Tags:the real property register, Public effectiveness, Advisors effectiveness, Entity set-up, Program construction
PDF Full Text Request
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