| Real estate is the most important material of production and means of livelihood in any kind of society.Adjusting the leagal relationship of the real estate effectively, maintaining the safety of real estate trade,raising the efficiency of real estate trade,which will make great sense for promoting the development of social economy and protecting the stability of the peolpe's lives.Real estate notarization is a leagal system, which closelyly associates with the real estate registration; which is the main contents of notarization law and possession law; which plays a very important role in standardizing the setting up the possession of the real estate,and in changing and maintaining the orders of the real estate trade market. Real estate notarization is a major reflection of the nation's interference of the social life according to the law,so it is paid great attention by many countries that have written law.But most of the countries, which have set up notarization system, all put the items of real estate into the region of notarization, and they also confirm the real estate in the form of civial law and special regulation.Most of the foreign real estate notatization office belong to judicial department, but on the contrary our real estate registration haven't become a unified leagal system:they haven't unify the office of the registration ;the real estate registration is greatly influenced by the authority;and the registrars are not well-qualified,so they can not make a necessary and substantial leagal examination to the registration.The real estate registration in our country lacks public belief,and they always make mistakess in the registration. So we need a quasi-judicial office that can represent the will of the nation to interfere with this.The author of this article just wants to show the present intense dispute on the real estate leagal notrarization,to analyze the value of the real estate legal notrarization, and further more to raise some simple opinions to perfect the legal system of the real estate notarization and registration system. Our <and < are brewing now, and the author does hope that this article will help to the establishment of the real estrate notarization.There are three parts in the main body:Part One ,the author gives a brief introduction of the real estate notarization at home and abroad. First the author explains the main points of the real estate legal notarization. Then points out the present situation of our real estate legal notarization :at present there are some relevant prescriptions in some regional codes and department rules only,but they are in a lower leveal and perform practically no function. And at last the author makes a survey on the gengral situation of the legal notarization of immovable property in the foreign countries, especially in the continantal law system countries.Legal notarization has have a hundreds of years' history and the system is gradually perfecting,so it has strike root in the hearts of the people. Such as some developed countries Switzerlandand,France, Germany,Spain and Italy, and some developing countries Mexico,Mongolia and Romania, they all have the system to confirm the must notarization system of the real estate according to the civial law,and the legislation is in a high level. Part Two, through quoting and commenting the positive and negative opinions on the feasibility of legal notarization of real estate in China, the readers can realize the value of the real estate legal notarization objectively and comprehensively. First the author summarizes the opinions of the critics on real estate legal notarization:one thinks legal notarization violates the principle of contract freedom; While another one thinks the real estate has the registration system, and it needn't the notarization; The other one believes that at present China's notarization system is not perfect, and it can not meet the requirement of the legal notarization of real estate. And then in the view of those negative opinions, the autho... |
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