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On the effectiveness of its judicial review of real estate registration

Author: WangZuo
Tutor: ZhangFeng
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Real Estate Registration Effectiveness Judicial Review
CLC: D925
Type: Master's thesis
Year: 2006
Downloads: 352
Quote: 1
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Abstract


Real estate as one of the most important private property of people registered to give legal acknowledgment, respect and protection, and then encourage people to actively create wealth, the people in the States are beneficial. Real estate registration system, not only for the real property transfer support has national credibility, unified, open and legal basis, in order to protect the security of transactions, but also the countries of immovable to strengthen property register management, to fulfill the functions of the examination and supervision of the changes in property rights to ensure that the registration of property rights is true, an important measure of legitimacy, and thus achieve the purpose of the administration of the national real estate field. Of real estate registration number of administrative cases in general has increased year by year, and practice in different parts of the court understanding of the effectiveness of the registration of real property is not uniform, and lead to different cases referee. This is detrimental to the protection of the legitimate interests of rights in real estate, also greatly reduces the uniformity and authority of judicial decisions, Therefore, the level of theoretical research, real estate registration effectiveness of its judicial review of the problem should arouse our attention. This article is divided chapters discusses judicial review of real estate registration. The first chapter \The basic theory of the real estate registration, including the registration of real estate meanings defined type; Second, the analysis of the legal characteristics of the real estate registration, as well as the significance of the real estate registration system. \The chapter first comment on the effectiveness of the registration of real estate from a typical case. Different standard of review of real estate registration will affect the responsibility of the registration authority identified. This paper argues that the administrative law sense necessary to examine carefully the standard registration of real estate should be used, then the effectiveness of the registration of real estate from the perspective of administrative law, civil law interpretation, and briefly describes the significance of the analysis of the effect of real estate registration. Chapter judicial review of real estate registration. First, a brief introduction of the status of judicial review of administrative acts abroad of judicial review. The typical case illustrates the confusion of the real estate registration disputes in the administration of justice in the face, from the point of view of the positive law and natural law, mainly in respect of immovable property registration cases the choice of the parties to litigation relief ways, judicial review standards and referees are discussed. Chapter IV \Mainly of defective registration resulting in damage to the rights holders, how reasonable definition of the responsibility of the registration authority discussed, and from the sound of real estate registration system of judicial relief the long-term consideration, feasible legislative proposals. Finally, to conclude the registration authority shall perform administrative law sense necessary to examine carefully the obligations of real estate registration, otherwise illegal or error caused by the dispute, should respect the result of a registered party to institute appropriate proceedings option depending on the nature of the dispute. Theory and practice for administrative incidental civil judicial relief system, need to be further development.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law
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