On The Real Estate Rights Registration Notary System

The real rights registration system is a system of public notice of the real estate rights,and the notary system is a system of certification of the State, both of which can provideprotections for the safety of change or transaction of the real estate rights in different ways.The real rights registration system will provide effective static protection for the result oftransaction of the real estate rights through registration. And the notary system willsupervise the process of change of the real estate rights through certification so as toensure the truth and legality of the transactions. The real rights registration system and thenotary system are two legal systems coordinating with each other. The real estate rightsregistration notary system is a system generally adopted by many countries and regions allover the world and running parallel with the real estate registration and having a history ofhundreds of years in continental law system countries. There are still many imperfect andunsatisfactory things in the real estate registration system as provided by the current RealRight Law of the State. And the Real Estate Registration Law of the State is still underdraft, and the regulations in relation to real estate registration lie in other laws andregulations like the Real Right Law, the Guarantee Law and some other administrativelaws and regulations. In order to build the real rights circulation order under the marketeconomic system based on the real rights registration, while fully respecting the real estaterights registration system pattern and the pursuit of registration efficiency and accuracy,the notary system will be introduced so that the substantive investigation of the notaryoffices will be linked to the real rights registration system. With the status of the notaryoffices as an independent third party and its professional background as required by theinvestigation of the reasons for change of real estate, it is scientifically reasonable and hasa unique meaning to fix the position of notarization into the pre-investigation pattern ofthe real estate registration system. This paper will study from the domestic and foreignlegislations and practices and analyze the disadvantages of the real rights registration ofthe State and advance the necessity of the real estate rights registration notarization anddiscuss the pattern of construction of the real rights registration notarization, so as toperfect the real rights registration and to meet the objective needs of the market economyand to serve the socialist market economic construction of China.