A Study On Trust Registration System Of Real Estate

The trust registration of real estate is an important content in trust system; it has significant function for the development of the trust for real estate. Our country not only produces the trust system, but also establishes the trust registration of real estate. However, these rules are too simple and there are no specific exercises, so the system is difficult to run. The paper mainly introduces trust concept, learning from foreign legislations, then considers the current national conditions of our country and gives some advices on the improvement of the system.The real estate trust is the trust business that takes the land and land fixtures as trust properties, manages and sells land and houses as objectives. There is an essential difference between registration of real estate and trust registration of real estate. Trust registration of real estate is relevant to the complete transformation from property ownership, while trust registration of real estate property is relevant to a form of transformation. Establishment of trust registration system of real estate can not only protect and balance the trust parties’interests and enhance trust transaction efficiency, but also provide the basis on the exercise of state functions. The theoretical basis of trust registration system of real estate depends on the principle of public trust, the characteristics of trust property independence, and the duality of trust registration of real estate. In the main countries of Anglo-American law system or continental law system, there are no complete trust registration system of real estate in Britain and the United States. They pay more attention to the spirit and principles of regulations; but Japan and Taiwan not only have the principle provisions, but also have matching rules on specific registration procedures. Therefore we should learn relevant regulations of legislation from Japan and Taiwan.The legislation of trust registration of real estate has two modes:one is registration effectiveness mode; the other is registration antagonism mode. Our country’s choice is registration effectiveness mode. It seems too principle but it has its rationality. At present, in our country trust registration system of real estate has two main problems that the main body of the registration and registration of the way are not clear. In view of real estate trusts registration system problems existing in China, we should draw lessons from foreign legislation, and define specific realty trust registration subject and registration way clearly. Meanwhile, perfecting the real estate registration based on real property registration system is more effective and feasible method at present.