Study On The System Of Real Estate Dissenting Registration

Dissidence registration system originated in the Prussian law, and later formallyestablished by the German law, in which lay down the provisions in the civil code ofGermany and began the dissidence registration system in the modern sense. Thissystem has been the experience of other countries or regions, such as the Swisstemporary registration system, the Japanese advance notice registration system. At theYear of2007, the "property law", for the very first time, introduced the system ofdissenting registration provisions into our country. Through the design of thedissenting registration, people can quickly raised an objection to the registration errorof the property, and by doing so, not only to block the original registration credibility,but also in a specific period of time, can effectively avoid the third person systemproperty through the goodwill, to fight for their own time correction the program orlitigation to protect their rights. However, provisions of objection registration systemin real law of our country in the detail aspect were not exhaustive, and because of this,the author,on the one hand, base on the basis of extraterritorial legislation, learningfrom each other through the comparative analysis, on the other hand, combined withthe local legislation, which is much more exhaustive than the "property law" is,accomplished this article. Besides the introduction and conclusion, the paper is divided into following threechapters:The first chapter is an overview of the dissidence registration system, first part ofit is to explain the concept of dissenting registration; during the second part,theobjection registration system and the correct procedure, notice of the registrationsystem and registration system as well as the registration of public credit and therelationship between the liability are introduced; finally is a brief introduction to thesocial role of the dissidence registration; this chapter is mainly about the wholepicture of all the aspects of the dissidence registration system.The second chapter is dynamic comparison of objection registration, in which weput Germany, Switzerland, Japan as examples. The first part of it is the generalpresence of dissidence registration legislation; secondly in the order of the applicableprerequisite, starting mode, legal effect and the failure of four layer over the face ofthe objection registration system,the author analyses to provide support to perfect ourlegislation.The third chapter is the focus of this paper, the first content is to introduce thelegislation of our country, which including the local legislation and nationallegislation, after which is the introducing of the success and shortcomings inlegislations, and then basing on the comparison of extraterritorial legislation,analyzing of local legislation, the author put forward suggestions on the applicationpremises, starting mode, legal effect and failure in the end.