On The Position Of Notary Public In The Change Of Real Estate Property Rights

The Property Law,which came into effect on October 1,2007,formally established real estate registration as a legal means of public notice of changes in real estate rights,while the Civil Code,which came into effect on January 1,2021,also followed this system.The real estate registration system is the core system of real estate property rights changes,but there are many shortcomings in the system design and practical operation of China’s real estate registration system,specifically the relevant laws and regulations do not clearly stipulate whether the registration authority is required to review the legal reasons for real estate property rights changes in the registration process,so there are a lot of problems in practice due to registration errors that lead to state compensation.Therefore,perfecting the real estate registration system to achieve its predetermined value goal has been a heated topic in Chinese theoretical circles.The method highly approved by the theoretical circle is to refer to the parallel mode of the legal notary system of Germany and France along with the formal review of the registration authority,then take the notary procedure as the pre-procedure for the substantive examination of the real estate registration in China.However,the Notary Law enacted in 2006 does not stipulate that the registration on alteration of real estate is a legal notary matter.During the two sessions in 2022,scholars re-mentioned the value of notarization in their legislative proposals,hoping to add legal notary items.It can be seen that the inconsistency between theoretical viewpoint and practical practice makes it necessary to correctly position the notary system in the change of real estate right in China.This paper uses comparative study,case analysis and literature research to analyze the model on change of real estate right and the model of real estate registration and review,then explores the challenges of registration errors in real estate registration under the absence of notarization.It examines the model and legal notary system on change of real estate right in Germany and France,demonstrates whether it is objectively necessary and internally feasible to introduce the legal notary system on change of real estate right in China,so as to clarify the positioning of China’s notary system in the change of real estate right.