Research On The Dissidence Registration System Of Real Estate

The real estate is closely related to the life of our citizens and is an important property of the relationship between social harmony and stability. In our country’s real situation and the content of the right of ownership should be publicized through the registration methods, but the subjective and objective factors cause errors based on real rights registration, the real estate real right infringement may be others, real estate objection registration system emerge as the times require, the system the rights of real people in real estate interests play a good role in maintaining. So the system is paid attention to by various countries, the related research of real right law of our country on the objection registration system is relatively backward, until the 2007 introduction of the "property law" mark dissidence registration system in our civil law formally established, but its provisions are not specific, too simple. Since March 1, 2015 implementation of the "Provisional Regulations on real estate registration" shows that the real estate registration system in the further development of China, but this bill is mainly in order to establish a unified registration of immovable property system, and no detailed rules on the registration, there are still many need to be perfected. This paper mainly uses the method of comparative analysis, historical analysis and literature review, in-depth analysis of the connotation and function of objection to the registration system, and by observing the provisions in Germany and other countries about the system, analysis of China’s legislative deficiencies in terms of the system, and puts forward the relevant suggestions of perfecting objection registration system of our country.This paper is divided into four parts:The first part of the real estate objection registration system has carried on the simple introduction, mainly from its connotation, function and compared with the other system three aspects are expounded. Main advance notice registration, the correction of the registration with the dissidence registration to distinguish, because practice will easily confused these three registration. The dissidence registration credibility, registered in the break on behalf of the interests of the holder of the real interests and coordination of the real oblige and the third party are in detail described.The second part mainly to Germany and other countries of the dissidence registration system has carried on the simple analysis, respectively, for the reason of it, application of the subject, the effectiveness of it and so on a comparative analysis, the scope of one of the countries in the objection registration items, the reason of dissidence registration and the effectiveness of it views differ, this made a more in-depth analysis, the improvement of the dissidence registration system in China, so as to provide reference significance.The third part analyzes the current situation of China’s real estate and the establishment the system of dissenting registration, found deficiencies of this system from the main application, the subject is not specific, the occurrence mechanism is not comprehensive, the validity of registration and registration of improper responsibility is not clear, in order to be able to do an antidote against the disease in the perfection of the system.The fourth part analyses in the third part based real estate objection registration system of the deficiencies in China, put forward the corresponding improvement suggestions, I think it should be clear about the "stakeholders" and the range of application subject in objection to the registration, the scope should be limited to the items and the related rights, mechanism to avoid administrative power too much interference of private rights and therefore do not agree with the registration authority according to the authority for the objection, in legal effect I think that should not be restricted if the obligee’s right of disposition, for the cancellation of registration, only is based on operational issues program thus permits the registration authority in accordance with the terms of reference of cancellation, liability issues due to the applicant and the final registration Agency registration errors caused to others arising from the loss of perfection, in order to reduce the risk of compensation the registration authority, convenient to compensate for the aggrieved timely, offer modeled the establishment of foreign real estate registration compensation fund system.