Study On Application Of Real Estate Objection Registration

Dissidence registration originated from Prussian law at the early stage,and was later formally established in the German civil code,and was absorbed and developed by the civil laws of Switzerland,Japan and China.It refers to the registration of the dissidence of the real obligate and interested parties to the right of registration on the real estate register.In real practice,if the registration error,before the correction of the registration in order to prevent the obligate malicious dispose of real estate property rights,prevent the holder of the real damage to the facts of the real estate property right,real right holder may apply for dissidence registration,hinder the recorded in the register error of credibility,to prevent the third person in good faith to obtain the real estate property rights.After the promulgation of the property law,the dissidence registration in the form of law,has carried on the simple provision in article 19,after the property law explanation（a）"the provisional regulations on real estate registration"interim regulations on real estate registration rules" and "housing registration measures "has also made some provisions of the dissidence registration system,currently just through the civil code of the real right also retains the property law in the regulation of dissidence registration.However,with the rapid development of social economy and the increasingly frequent transfer of property rights,the real estate objection registration system in China gradually fails to meet the needs of the real estate market development,and the application of the objection registration system appears to be a little laborious,which has caused many disputes in the academic circle and practice.In this paper,in reference to our country existing law of dissidence registration system,at the same time,committed to academia and practice summary to the dissidence registration system issues,references foreign legislation experience on the dissidence registration system,combines the actual conditions of our country,come up with proposing practical solutions to the disputes in China’s opposition registration system.This paper is divided into four parts:The first part is an overview of the real estate dissidence registration system.Firstly,the concept of dissidence registration and the distinction between dissidence registration and correction registration are discussed.Dissidence registration is the pre-production of correcting registration,and it is a temporary protection measure taken by the real right to protect the factual right of the real property.Secondly,the value of dissidence registration system is discussed.Dissidence registration system has the value of fairness and efficiency,the applicant can be on the objection items recorded in the realty register by providing preliminary evidence,the resistance is the credibility of real estate register of rights,to protect the legal rights of the real holder,at the same time warning the third party dissidence registration of real estate transaction risk.The second part is the establishment of real estate dissidence registration.In practice,the establishment of real estate dissidence registration mainly includes two procedures:application and examination.In terms of the main body of the application,the"interested parties"stipulated in the property law shall include the registered right holders whose rights may be damaged due to registration errors,as well as the real estate registration agencies that may be liable for damages in the future due to registration errors.In the application procedure,in practice it is difficult to obtain written evidence that the registration holder does not agree to the correction,so the applicant should not apply for dissidence registration on the premise that the registration holder does not agree to the correction.On the basis of application,it is found that there are errors in China’s real estate register by analyzing foreign legislation,including errors in registration procedures and registration that is inconsistent with the status of factual rights due to defects in creditor’s rights or non-legal reasons.In terms of the examination procedure,the real estate registration institution should adopt the mode of formal examination.It should examine whether the application materials submitted by the applicant are defective,and if there is no defect,dissidence registration can be made.The third part is the effectiveness of real estate dissidence registration.After the dissidence registration is made,the rights of the original record registration accuracy can’t block register a constructive force,also cannot limit the obligate dispose of property rights,the validity of the dissidence registration only has the force of resistance is recorded in the register of registration credibility,warning the third person the real estate is controversy,and makes the third person in good real can not acquire property rights.After the applicant applies for the dissidence registration,the applicant shall file a lawsuit or arbitration within the legal prosecution period of "15 days"stipulated by the law,otherwise the dissidence registration shall become invalid automatically,and the applicant shall not apply for the objection registration again for the same reason.During this period,the dissidence registration will also be invalid due to the elimination of the right of preservation,the application of the applicant or the right holder,or the failure to accept or reject the lawsuit.The fourth part is the liability for damages caused by improper registration of real estate dissidence.There will be two kinds of consequences after the dissidence registration.The correct dissidence registration will promote the correction of the registration as soon as possible,and the factual rights of the real obligate to the real estate will be maintained.Where the wrong dissidence registration,intentionally or negligently caused by the registration organ or the applicant,causes loss of interests to the registered right holder,it shall bear the corresponding liability for damages.The principle of presumption of fault shall be applied to the imputation of the registration institution.If the registration institution proves that it is not at fault,it shall not bear the liability for compensation for the direct loss of the registered obligate.The applicant shall be liable for damages for all the losses of the registered obligate under the liability of fault.