The Design Of Real Estate Trust Registration System

The practice of trust in China has rapidly developed after the promulgation of Chinese Trust Law in 2001,but capital sources are almost limited to money,and real estate is unable to become trust property effectively due to a lack of trust registration system.However,a vast requirement space for real estate trust exists in China,which is also an important direction where trust business might turn to.A real estate trust registration system should be established as soon as possible in order to promote the practice and development of real estate trust in China.Although all walks of fields reach a consensus on the necessity of the establishment of the real estate trust registration system,there is still some fuzziness and controversies on how to establish it.This paper demonstrates the programme that establishing the real estate trust registration system under the uniform real estate registration system.The main contents of this paper are as followings:Introduction.The imperfection of real estate trust registration system is a main threat to the practice of real estate trust,and the fundamental solution to it is tied to the registration system of trust property.The text can be divided into two parts in structure: Chapter One is the general provision,and Chapter Two to Four are the specifies.Chapter One discusses the theoretic basis for the establishment of the real estate trust registration system.It summarizes consensuses on the necessity of establishment of the real estate trust registration system,and points out that trust publicity is supposed to support and serve the functional transplantation of trust system in China.China should take registration as the publicity method.Since there are some fundamental distinctions as well as close relationship between real estate trust registration and real estate right registration,it is rational to establish the real estate trust registration system under the uniform real estate registration system,depending on the real estate right registration system.Chapter Two discusses the frame questions about real estate trust registration system.First,the institution responsible for real estate trust registration should be in accordance with the real estate right registration,but a uniform acceptance window could be added.Second,the real estate trust registration includes seven types,most of which are tied up with real estate right registration.Third,as for the legal effect of real estate trust registration,registration confrontation principle should be adopted,and at this moment,real estate trust registration is relatively independent from real estate right registration.Fourth,the content of real estate trust registration should be recorded at the real estate register on the condition that adds the part of registration information about trust relationship.Chapter Three discusses the content supposed to be recorded.The object of real estate trust registration should be external trust relationship.The registration items only need specially contain subject information and the content of external trust relationship which is the core ought to be designed around trust purposes and the disposition authority of trustee.The item of trust purpose should record the functional ones,and the item of disciplinary authority of the trustee should record the restrictions by trust documents in a negative way.All contents should be recorded and publicized in the form of government-making formative files.Chapter Four discusses some special questions about registration procedures.The basic applicants of the registration are parties of trust behavior,but trustee could apply alone in exceptional situations.Legislation should directly stipulate the duties of the registration institution.There should be an information sharing mechanism among the property registration of real estate trust,the product registration and the beneficiary right registration.