The Research Of Perfection On The Registration System Of Real Estate Trust

For the effectiveness of real estate trust,China's Trust Law stipulates that the parties shall go through the registration formalities.However,the corresponding registration system has not been perfected.Therefore,the real estate trust registration system should be perfected as soon as possible so that real estate registration can have a brighter perspective.This paper discusses the current situation of real estate trust registration system from the general theory of real estate trust registration,and analyzes the current situation and shortcomings of China's real estate trust registration system,and puts forward the suggestions for perfecting the system based on the practices of China and the experience of extraterritorial experience.First of all,this paper introduces the general theory of real estate trust registration,and expounds the effectiveness and function of real estate trust registration,which fully demonstrates its indispensability.Subsequently,this paper analyzes the current status and shortcomings of China's real estate trust registration system.To clarify the positioning of the real estate trust registration system,this paper compares the registration of real estate rights and the registration of real estate trusts,and thus confirms that the registration of real estate rights can not replace the role of real estate trust registration,but there is also a commonality between the two.Next,this paper discusses the legislation of China's real estate trust registration,including the object,the effectiveness and process of registration,and points out the problem of the lack of registration procedures,and the shortcomings of the status quo.Next,this paper introduces the real estate registration trust system of the major countries and regions of the Anglo-American legal system and the civil law system.It mainly introduces the effectiveness,the receiving authority,the content and the information review of registration,and then introduces the feasibility of the reference.Finally,this paper puts forward suggestions for perfecting the real estate trust registration system in China.For the registration subject,the principle that the settler and the trustee are the joint applicants should be established,and the existing real estate registration agency is the institution that registers the real estate trust.In terms of the registration object,the formulation in the trust legislation of our country should be amended first,clearly stipulating that the ownership of the trust property during the trust period is owned by the trustee.At the same time,the trust relationship shall be included as the registration object,rather than simply registering the trust property;In terms of procedures,this paper believes that the registration authority should adopt the review criteria for formal examination when reviewing,and the information after registration should be a limited public inquiry.