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On the real estate registration system in China

Author: ZhangBiYi
Tutor: YangLiZhen
School: Northwestern University
Course: Civil Law
Keywords: Real Estate Registration Notice of registration Objection registration Registration review Improve the system
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 103
Quote: 0
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Abstract


The registration of real estate is the principle of the basic requirements of the Public Credibility improve the real estate registration system to help clear the ownership of real estate property rights, maintain the order of real estate transactions, ensure the security, stability and order of the social and economic life has a very important significance. The real estate registration system is an important part of the Property Law, \these deficiencies not only affect the play of the value of real property system, also affect specific real estate interests of right holders, it is difficult to protect the stability of China's real estate market order. Establish and improve the real estate registration system is the development trend of the national property rights legislation This article from the basic theory of the real estate registration system, the problem exists for real estate registration system determined by China's Property Law and related proposals. In the definition of the concept of real estate and real estate registration, and analyze the various understanding the moment of registration of real estate legal property, I believe that the real estate registration behavior is a mixture of both public and private law nature of a series of acts, and the nature of public law weaken trend, while the trend of private law nature there is enhanced. China's \But three registration requirements are not perfect, for example, the narrow scope of the applicable notice of registration, an application under harsh conditions, but only provides for the preservation of the effectiveness of the effectiveness of the notice of registration three; show that there is no clear way of censorship take substantive examination doctrine; the registration error responsibility for the lack of the nature of the liability and responsibility principle, relief mode and compensation provisions of the sources of funds. For the narrow scope of application of the notice of registration status, should expand its scope; effectiveness of the notice of registration shall include the preservation of the effectiveness of the notice of registration rights overall effectiveness and the effectiveness of the bankruptcy protection. Clear objection registration effectiveness of dissidence registration, the registration on behalf of people still have the right to dispose of the real estate, if the objection registration act is invalid, then the punishment contrary; allow interested parties the unilateral application for objection registration, but to provide security; objection registration placed before the correction of the registration; registration review and take substantive examination and registration authority of a notary public in the form review combined review mode; the Registration Error liability should belong to civil liability for wrongs Principle of Liability.

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