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The Study Of "rent" In The System Of Land Rights

Posted on:2018-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:J J DingFull Text:PDF
GTID:2356330515961327Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the civil law of civil law countries in the land of the right of the contract because of the contract to set the debt,the price is called the land in the "rent." "Rent"is not a necessary condition for setting the right of land.The legal nature of "rent" is the creditor's right."Rent" because of the existence of claims,only in the parties between the effectiveness,but the "rent" to pay for the realization of the contents of the right to land,must be registered and materialized,with the effectiveness of the third party against.The registration of "rent" clarifies the subject of the debt of the land right.The subject matter of the "rent" refers to the carrier of the right of the landowner to the landowner,which may be paid for money and other goods,and the"rent" of the ground right may be paid in cash or a certain amount.This method has a certain significance for the income risk sharing on the land."Rent" should be the role of full use of land resources in the case,to promote the development of various economies.When the land use right is granted,the rent has been paid in advance,without registration,the land owner shall not confront the third party.The increase in the rent of the ground right can be applied in accordance with the provisions of the Contract Law on the rental of the lease contract.The circumstances of the socio-economic situation are subject to change of circumstances.The amount of"rent" can be reduced by appealing to the court.The right of the landlord should pay"the rent" in order to abandon the land right,if it is agreed that there is no period or no agreed period of time,the land right person can at any time to abandon the right to land,but should pay off the year when the "rent".The landowner may also claim the unpaid rent to the land user by means of litigation.The nature of the land transfer fee can not be simply defined as creditor's rights or property rights,you can refer to the nature of the "rent" in the land,the legal nature of the land transfer tax is defined as the real right.Land transfer payments are based on the land transfer signed by the transfer of the contract,the land transfer contract is a civil contract rather than an administrative contract.The land transfer system exists,including the legal norms of the land transfer fee,the unreasonable distribution system,the payment of land transfer fee and so on.China's land transfer system can learn from the civil law system in the system of land in the "rent" provisions.The future land transfer system should be from the land transfer payments,the use of the right to return after the transfer of land for the impact of the land transfer of the formula and registration,land transfer payments related to the rights and obligations and dispute resolution methods to be improved,Clear the rights and obligations of both parties,the establishment of public relations system,the registration of land transfer tax classification management,improve the legal accountability mechanism.
Keywords/Search Tags:Land transfer payments, Land rent, Land system
PDF Full Text Request
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