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Real Estate Registration Error

Posted on:2016-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:T M LiFull Text:PDF
GTID:2296330503451004Subject:Law
Abstract/Summary:PDF Full Text Request
China’s property law has been implemented in October 1, 2007. The ninth provisions of the act: "the establishment, alteration, transfer and elimination of real estate real right shall be registered in accordance with the law, and shall be effective without registration and shall not be effective unless otherwise stipulated by the law." Therefore, in our country, the real estate property rights has the legal effect of the evaluation criteria is whether the registration. Real estate registration system is an important system of real right law, the legal basis of the principle of public trust. Real estate registration includes initial registration, change registration, cancellation of registration, the right to limit the real estate registration, including the court seal, mortgage registration, etc., I think it is not real estate registration category. Therefore, in the real estate registration process, examination and registration of the applicant is real right, judicial assistance department seized, releasing, force transfer, the parties apply for mortgage registration, and so on, is widely encountered in the registration department daily work. But even if strict working attitude, system perfect, at work often encounter many unexpected problems, may lead to registration process flaws and give the related personnel losses. The British law saying "no relief, no right". According to the content of China’s property law stipulated in Article 21, if the parties fraud in registration process, damage the interests of others, should make corresponding compensation; due to registration errors caused by the loss, including to the litigants and the others, then the registration department should make corresponding compensation. After the registration department to take responsibility, and then blame the responsibility to the individual responsible for the registration error caused by the individual, and then obtain compensation.By the law, we can know that the real estate registration of real estate issues, how to correct and compensation, it is necessary to think and solve the problem.The author is a law practitioner, in judicial practice, some cases and real property registration is closely related to, such as the rural homestead use right and land buildings all inconsistent, a mistake of housing registration in the name of B triggered disputes; for example the court attachment period has to registration authority but not releasing a court issued a notice, in the mortgage registration registration authority must request the parties to determine whether mortgage practices have legal basis. And so on, handled properly, will lead to administrative litigation, judicial right, but also highlights the law blank. Therefore, in this paper, we try to explore some of the errors occurred in the registration of real property right and how to deal with the error, and how to deal with the situation of the real estate registration. Try to put forward some suggestions and ideas.
Keywords/Search Tags:real property registration, real estate registration error, registration of the cause of the error, registration error correction
PDF Full Text Request
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