Comparative Study On The Real Estate Registration Between Two Legal Systems

The Common Law System comes from life rather than logic, which is as same as the real estate registration system, Under the guidance of pragmatism and liberalism, Common Law countries create a variety of Styles, legal texts and rules which look like magic books. The government intervenes little in the field of private which makes the real property rights is full of uncertainty and relativity. Theories and practices affecting the Legislation a lot in the countries of the Civil Law System, efficiency and uninteresting contents are their characteristics, the certainty of the Registration book reflects government’s strong management wishes.Since the 20 th century, social and economic activities are more active than ever before, the Common Law models can’t bring any positive experience on efficiency and security. As the reason, they created a Torrens System which accepted the registration book arrange by real estate. In terms of state guarantees, they even goes further than the Civil Law countries. Referring to the pure Common Law registration system, the United States as followed by the British system would be a good example. the national authorities has no intention to take on more management responsibilities in real estate field, followed by a rise of the non-governmental forces, real property lawyers, notaries, estate Investigation company, even real estate registration book prepared by corporation,establish an American features which are based on insurance companies of real estate. Therefore, in Common Law countries, we see a form of appearance and functionality which is closing to the Civil Law system’s example.Although the system which derived from mature theory,the Civil Law countries remains relatively stable but not static. Such as Germany, Switzerland, registration authorities have abandoned the substantive examination and accepted the Anglo-American system’s style. They have given this missions to pre-authorities in order to gain the speed of economic development. In the process of imitation and integration between the two legal systems, particularly the system of the United States and France, which ultimately did not seem so absurd on their surface. Generally speaking, they have achieved the objective of safety about transfer and hold. Also, there was a breakthrough between the two legal systems about their respective local situation. In many ways, they have reached some consensus which is clearly transcends nations and different legal systems. In our country, Provisional Regulations on Real Estate Registration has just introduced and the real estate registration system is far from finished. Absorbing other country’s theories which can be a shortcut.