Font Size: a A A

Effectness Of Real Estateregistration In China

Posted on:2012-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:X S LiuFull Text:PDF
GTID:2216330371455477Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As we know that, real estate is immovable. Besides, real estate is usually of great value. Therefore, many countries have carried out policy on the registration of real right. Nowadays,the price of real estate in China is very high and the trade between different people is very active. Under such a background, research on the effectness of real right registration become a direction for us to service economic development. As most of the disputes are concentrate on effectness of the registration of real right, this article has carried out deep research to figure out the effectness of every kinds of real right registration.Although there are already many articles on the registration of real estate right, most of them are mainly on the style of registration ,the nature of the act of check and registration. People who have paid attention to study of effectness of real estate registration usually just concentrate on portion of this problem. Enacting the Jus Rerem , our country has formulated the legal basis for figuring the effectness of real estate right registration. However, as there is not a law focus on the registration of real estate right, dispute is still very common in daily life. To figure out the effectness in detail, this article is just on the definition of effectness of real estate right.Numerus Clausus Principle is considered to be one of the most important principles in Jus Rerem. Therefore, the writer has defined the conception of real estate and its categories in the beginning. After that, writer mentioned that the effectness of registration can be divided into three category,Doctrine of Antagonism ,Doctrine of Effectism and Torrence Registration. Compared with foreign countries, registration of real estate right is mainly on proprietary rights of house and usage rights of land.According Jus Rerem and other laws , the writer has concluded that Doctrine of Effectism is the most common style and Doctrine of Antagonism is the supplement in real estate registration in China. Besides, the write has analysised this phenomenon in detail in chapter 2.However, registration is everything, judicial relief is needed when registration can not resolve the problem. Talking of judicial relief, the process of rights identifing should be defined as civil case or administrative case. Otherwise, how about the effectness of register of real estate. All of the problems have been talked in chapter 3 and chapter 4.
Keywords/Search Tags:Real right of real estate, Registration, Effectness, Civil case
PDF Full Text Request
Related items