| Real right register, As its name suggests, namely record the rights, such as occupying, using, income enjoyed to certain thing,etc. and variation in the specific statistical form , In order to do in the test for reference. It is frequent a basic system in the civil law of modern times that is established and progressively of a along with the development of social economy, trade activity that the real right is registered . It register with the registration of marriage, establishment with the it last civil important part resignation system together at patents registration,etc., And go on control and management an important means country to specific property to social economic life government , The function of it social management that has is obvious . It register real estates from real right register items of important content , It is a theory nature proposition , there is meaning of practice . Its theoretical quality show as: The real right of real estate is registered and regarded as a system in the real right law , with the behavior theory of the real right, basic principle connection of real right France, Real estate that change register to render a service these kind of resignation system be with law's theory of the debt too issue real right Coordinate . Its practice meaning, besides showing in its operation nature and getting procedural, Still embody it in the civil disputation caused by that the real right is registered in trying practice outstandingly . It is real estate in the every country in the world for real right it registers to be more legislative by example, Roughly can divide into four kind: Last doctrine, represented by Germany law desirable to want pieces of doctrine not to, wanting pieces of doctrine not to and suitabling for in the form of Switzerland registration the Great Britain pay doctrine of American and French department country contract registration at represented by France law registrations. These four kinds of legislative examples have already included different theory backgrounds of real right resignation system , Reflect the difference in practice of every resignation system too; Do not lack of the place that can draw lessons from among them . What merits attention is: Do not isolate having , obtain, ask for the theories, such as right,etc. to involve each other in juristic act, good will in it and civil law in real right resignation system of real estate, Even affect by social idea and people's legal consciousness, So, while drawing lessons from the real right resignation system of other country, must base on national reality . In the early days of the foundation of New China, The system that the registration that we have implemented land, house in some areas issues licence , Thereafter during the past 30 years, because legal system is lax , the policy falls , it is perfect to be not merely been added , And it is gradually lost because it is utilized not good at that custody to register the materials originally. To abolish and speed and make property right not to be unclear, producing book exist generally by not clear phenomenon resignation system, The property right dispute increases day by day, try and investigate that the work has brought the enormous difficulty to collect evidence for the court . From later stage of the eighties to the beginning of the 1990s, all parts resumed land house ownership and registered the work in succession . With the setting-up of the commodity economy of our country and market economy, the real estate enters the marketing phenomenon and increases day by day , The real right theory from all to utilizing and change,turn to registration the real right for less than he too focal point who real rights registers, The movable property expands to the movable property to never register ranges. However, the ones that registered idea in real rights of people formed for a long time were thin , Real right France,< registers the real right resignation system of real estate that> vacancy of the law causes and has not relied on ,... |
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