On The Credibility Of Real Estate Register In China And Its Civil Remedy For Defects

As the three basic principle of property law,the principle of public trust of real right,the principle of legal right of real right and the principle of one thing one right are the same.According to the property law,the ownership and change of the real right of the real property should be publicized according to the legal method.The real right of the real property publicized according to the law has public credibility.The third party who trusts the real property registration is protected by the public credibility of the real property registration.However,China’s real estate registration system started late,and the research on the credibility of the real estate register is also relatively weak.Surrounding the credibility of the estate registration,the phenomenon of different judgments on the same case even appeared,which seriously damaged the judicial authority and harms the interests of the people.Paper three judicial cases of credibility and the real property register the issue of civil remedy defects,as bedding,the paper first expounds the concept of real property register and the study content,and the effectiveness of the real estate registration problem in our country,including two aspects of the presumption of force and the credibility of the real estate registration.Combined with judicial practice,this paper then studies the limitation of the public credibility of China’s real estate register from the opposite direction,hoping to help solve the relevant disputes in judicial practice.Paper argues that by blocking the credibility of the real property register,registration credibility limit can be divided into three major categories of nine kinds of situations,basic covers exclusive registration credibility in real life for the vast majority of cases,provides a clear for judicial practice guided by the referee for the handling of such cases provides a unified the scale.Among them,the registered nominal person completes the registration change but does not actually obtain the possession situation,moreover unifies in recent years the practice hot spot subdivides into:one thing number sells,sells the house under false name and so on four kinds of situations,has the strong practice pertinence and the practical significance.Finally discuss problems of registration and civil remedy defects,to distinguish the registration staff to decide whether to exercise the right of recourse against the subjective fault,has a certain theoretical innovation,reference notary system and puts forward the establishment of compensation fund,liability insurance,registration and the establishment of notarial alternative review,there are both institutional innovation and realistic feasibility.It is hoped that the theoretical viewpoints and institutional assumptions mentioned in this paper can provide some beneficial help for the improvement of China’s real estate registration system and the establishment of supporting systems.