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On the Claim to Registration

Author: ChenYuan
Tutor: QuMaoHui
School: Hunan University
Course: Civil and Commercial Law
Keywords: The claim to registration common application right protection real right alternation categorization
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 53
Quote: 0
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Abstract


The claim to registration may come into being just under the condition that both sides applies for commonly. The claim to registration is the right that the registration obligee asks the registration obligor help to regist. The subject of the claim to registration is registration obligee and registration obligor. Because the base of the claim to registration is different, the way of ascertaining the registration oblige is different. The content of the claim to registration is the claim to setting uo registration and the claim to amending registration. The concept of the claim to registration is different from the right of registration and the registration power. The claim to registration comes between the equally civil main body. The claim to registration is intiative. It is the right of private law. The system of the claim to registration has two main functions that realize the right and protect the right. The base of the claim to registration is three:the first is the essential real right has changed, the second is that the essential real right is different from the content of the registration document, the third is based on the special arrange among the persons concerned.The claim to registration has the character of property right. To classify the claim to registration can not only enrich the theory of claim right, but also has an effect on the construction of the system of claim right. When the essential real right has changed, the type of the claim to registration is the claim of obligatory right as it is based on the obligatory right. When the essential real right is distinguished from the registration document, the type of the claim to registration is the claim of real right. The claim to registration angency is fit for the general rule of angency. The angent have the right to ask the registration obligor help to regist. When he exercises of the right, it is necessary to show the letter of authorization which the registration oblige writes. To indemnify the claim to registration besides the ordinary circumstances, it can be fit for the central registration is omitted.The Real Right Law of our country establish the pattern of formalism atteration of real right. Although the system of the real right law does not establish the claim to registration, Actually it regulates the base and concept of the claim to registration or something. In order to perfect the system of relieving the real right law, guide the actual judicial practice and protect the lawful rights and interests of the civil main body. The law of our country should regulates the claim to registration.

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