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Explore the Unified Registration of Real Estate

Author: LiZhiCheng
Tutor: GaoFuPing
School: East China University of Political Science
Course: Legal
Keywords: Property Law Real Estate Registration Not uniform
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 178
Quote: 0
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Abstract


Real estate registration as a“Property Law”provides an important system,the protection of citizens, legal persons and other organizations, property rights, safeguard market transactions, security has a very important significance. Although the“Property Law”provides for“national unified real property registration system,”but the scope of the unified registration, registration and registration procedures and other institutions, lack of actual operational system. In practice, China will have a uniform registration of real estate law, real estate registration is still not present a unified state. In this context this paper, elaborated on China’s real estate registration status is not uniform,And analyzing the shortcomings of a unified real estate registration and no reasons for the formation, on this basis, the author does not solve the real issue of reunification put forward some of their own ideas. Full text of three chapters, the main as follows:The first chapter, our current situation is not unified real estate registration, registration of the first concept for the property, nature and effect of that is essentially a private real estate registration act, but both law property; then reviewed the establishment of China’s real estate registration system and the development process , the real estate registration of non-uniform“five performance”, that is the legal basis for non-uniform, registration authorities are not uniform, the effectiveness of non-uniform registration, registration procedures are not uniform, register and ownership certificates of non-uniform content are described. Chapter II, not a unified real estate registration and formation of defects that caused the real estate registration, registration of non-uniform range is not clear, hindered the real estate market transactions, led to confusion in the registration process, reducing the openness of the registration information the four large defects, analysis of the basic theory is unclear, inadequate legislation, administrative management for the purpose of registration imbalance of urban and rural real estate registration form at present non-uniform system of four reasons.Chapter III, real estate registration problem solving ideas, is a core part of this content. First, the proposed registration of real estate should pay attention to the basic theory and the theory of Property Act, property rights theory of change model, the effect of real estate registration mode to explore; then, proposed to learn from foreign countries (regions) of real estate registration system, they summarized Establishing a unified registration system of real estate reference; Finally, proposed to establish a unified registration system in China Real Estate, think of the sound characteristics of real estate registration system, the establishment of a unified real property registration system should pay attention to several issues, on this basis,I believe that to solve our current status quo is not unified real estate registration, formulated“uniform registration of real estate law”should be clear from the standard range of real estate registration, unified real estate registration office, Real Estate Review clear way, the effectiveness of a unified real estate registration, a unified property register and ownership certificate, the establishment of real estate registration error compensation mechanism, improve real estate registration system in seven areas of inquiry, to establish a unified real estate registration system.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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