Studies On Perfection Of System Of Property Right Alteration Of Real Estate In China From Transaction Security Perspective

The property right alteration of real estate involves the right holder, the buyer, the third part’s interest and security and stability of whole society market transaction. The guarantee of interest among every part of property right of real estate mainly indicates the balance and adjustment of different stakeholders under the law, the process involves the value orientation of different part. The choice of property right of different countries not only based on their preference and value orientation but also based on their background. In China, the system of property right alteration of real estate is taken existing continental law system for example and adopts Creditors’Formalism legislative mode. This thesis thinks, due to the property right alteration of real estate concerned with great interest and diverse subjects, even though it may have a far-reaching impact on the order of whole market transaction law, the study of the system of property right alteration of real estate should break away from theory, and use transaction security theory to examine the improvement of the property right alteration of real estate. Through the analysis of transaction security theory, there are many problems of current system of property right alteration of real estate, such as:the deficiency of security of one product sold to two, the system of registration credibility is not perfect and the bona fide acquisition of real estate is not complete. Based on the value of transaction security, this thesis propose to improve the alteration of real estate registration system, strengthen the real estate registration credibility and perfect the bona fide acquisition of real estate, all this should be done by law. In order to protect transaction security, it should be further confirmed by juristic act of real estate.The following are the main parts of this thesis:The first part is introduction, it point out some specific problems through some analysis of cases, the problems are:the deficiency of registration credibility of real estate and the bona fide acquisition of real estate do harm to the transaction security, and to perfect the system based on the perspective of transaction security.The second part mainly states some detail about property right alteration of real estate and transaction security theory, especially it analyzes the basis of transaction security theory, and use this to explain how the property right alteration of real estate influence transaction security.The third part analyzes the legislative condition and problems of Chinese property right alteration of real estate, and point out the deficiency of transaction security, the faultiness of registration system and the bona fide acquisition of real estate system is not perfect and so on.The fourth part introduces continental legislative condition of property right alteration of real estate and the enlightenment to China. Through analysis of typical countries’ property right alteration of real estate, it can give enlightenment to perfect the system in China, especially the great meaning of German’s property right in Civic Law to guarantee transaction security.The fifth part is some advice and measures for the problems in the property right alteration of real estate. Combining the transaction security theory and the value of market transaction security, it point out that it should keep the formalism of legislative system, improve the transaction security, the registration credibility system, the bona fide acquisition of real estate and the envision of establishment of behavior of property right so that it can achieve the combination of transaction security and the choice of system or property right alteration of real estate.The sixth part is epilogue; it mainly summarizes the establishment of the system of property right alteration of real estate in China from the perspective of transaction security.