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Real property registration system study

Author: FangZuoZuo
Tutor: LiMingFa
School: Anhui University
Course: Civil and Commercial Law
Keywords: Real Estate Registration Property Right Alterations Publicity
CLC: D923.2
Type: Master's thesis
Year: 2005
Downloads: 310
Quote: 2
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Abstract


Real property registration system is the basis of the system of property law, occupies a prominent position in the Property Law. In recent years, the rapid development of China's real estate transactions, and confusion of the real estate registration system weak but constraints affect the efficiency and security of real estate transactions. Therefore, the strengthening of research on this issue has important theoretical and practical value. In this paper, comparative law, legal philosophy, and law and economics, and many other research methods, more in-depth discussion of issues related to the theoretical level and practical level of real estate registration system. Apart from the preface and conclusion, is divided into four parts. The first part of the analysis of the legal basis of the real property registration, property announcement theory and theory of property acts, to clarify the meaning of real estate registration from the theoretical roots. The second part of the study the effectiveness of the registration of real estate. Presents and analyzes the world's two major real estate registration mode, Registration Antagonism mode and registration Elements' mode. The article also analyzes the characteristics and shortcomings of the current registration system as a basis for legislative proposals that our law should determine the effectiveness of registration regimes, so relatively speaking, more scientific, rigorous, more in line with contemporary property rights system development needs. The third part of the real estate registration into the registration and preparation of registration two categories, and further introduce the preliminary registration system of Germany, Japan and China's Taiwan region. Prepare registration is implemented in order to protect the right to request the relevant registration and registration, including a notice of registration and objection registration. Improve the registration and preliminary registration system is of great significance for the protection of the interests of the parties, the maintenance transaction security and market order. The article points out of the registration system is not perfect, and no true sense of the preparatory registration. China's property rights legislation in the future should be established real estate preliminary registration system, based on changes in the system of property, combined with China's legal local resources and focus on the future development, to find more suitable for our system design. The fourth part of a critical analysis of the current real estate registration system. Compared to the objective requirements of the rule of law and market economy, China's existing registration system is still far from complete, and real estate registration system, there are many issues to be resolved. Based on this proposed legislation opinions rebuild the real estate registration system. The article set for the protection of property rights and a greater degree of the registration authority, rather than simply a means of administration. Taken into account in accordance with international practice, and proceed from China's specific national conditions, and the executive authorities in our country should be selected as the registration authority. The article suggests a unified real estate registration authority for land administration department, land management departments should land registration-based, inclusive and other real property registration. The registration authority should establish a unified register, recorded in the real property changes, and strive to achieve the record is accurate, complete and

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