Research On The Examination Obligation Of The Real Estate Registration Authority

The establishment of the examination obligation of the real estate registration authority in China has long been controversial in the theoretical circle. The focus of the debate is whether to adopt formality examination or substantive examination. In the judicial practice, courts conduct judical review on the behavior of the real estate registration authority, different courts have different standards. The reason is that the existing laws and regulations on the registration of real estate review lacks clear provisions, which leads to different theoretical explanations and makes the judges in the judicial review of practice in the application of law to produce differences. In view of this, the author combines Property Law, related regulations and practice, and carries on the discussion and research in view of our country real estate registration organ of the examination obligation.The thesis is divided into four parts. In the first part, the author analyzes the concept and present situation of the Examination Obligation of the real estate registration authority. And identify its deficiencies, the impact on the practice of analysis refers to the Property Law, the Interim Regulations on Real Estate Registration and other relevant laws and regulations. In the second part, the author analyzes three different types of the real estate registration authority examination obligation in Japan, France, Switzerland, Germany and Taiwan region of China from the perspective of comparative law. On the basis of this, the author analyzes the part that can be used for reference on the examination obligation of the real estate registration authority. In the third part, through the interpretation of Property Law twelfth, instead of taking full substantive examination and full formality examination, the author expouds that Property Law takes the form of formality examination of the main, supplemented by the substantive examination and demonstrates its rationality from the perspective of transaction efficiency and transaction security. In the forth part, the author combines the case and analysis of the registration organ of the implementation of the obligation to review from the point of the subject of right, the object of the right and the content of the right.