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Research On Real Estate Registration System

Posted on:2012-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z M FuFull Text:PDF
GTID:2166330335468630Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the emergence of private ownership, Realty Registration System came up. Obviously the emergence of Realty Registration System is to meet the requirement of economic development; moreover, the function of Realty Registration System develops continuously in the course of history. China's Realty Registration System has experienced a tortuous process. During the planned economy period, land and buildings are basically publicly-owned, there is no real estate market at all, under this kind of circumstances, realty registration system, which is used to determine property rights and security trading, basically does not exist. With the rapid development of market economy, real estate transactions have been growing. Because of the high value of the real estate registration, a regulation which can best guarantee safe transactions is greatly needed. So real estate transaction is perfect or not, in a certain sense, decides the role the property law played in real life. Because the drawbacks of China's realty registration system have becoming more prominent, Chinese lawmakers realized the importance of realty registration system. Different registrations of real estates were issued by different administrative agencies in their jurisdictional areas. The provisions of the real estate registrations were huge and in chaos. Property law which was issued in 2007 has lots of provisions to formulate Realty Registration System, but Property law just set up a general framework, specific operations and theories are also needed to fill in, moreover, the system design is quite rough and lack of maneuverability, more details and regulations will be needed in further real estate registration.The paper consists of three chapters.The first chapter is the basic information for realty registration system, several core concepts will be analyzed in details at the beginning.Compare and analyze different type of Realty Registration System.there exsit maily about three types, registration of deedes(the French registration system),registration systemof rights(the German registrationsystem),Registration of Toluns(the Australian registration system),analysis of the differences and the reason between the three legislative.At last I annalysis the system have fo ur effects in the property law,mainly having material form become force, predict outcome fo rce, opposite force, public's trust. The second chapter mainly analyzes the defects of realty registration system, at present we don't have independent realty registration, and the current realty registrations are in mess and conflict with one another. It caused a great hidden trouble for real estate trade. The influence of such defects will directly harm the vital interests of the parties. This text emphasized to aim at existent main defects to carry on analysis and mainly elaborated that the function that the our country registers system in the hereditament clampings the anti of the disunity, range of the disunity, mrvhsnidm of false question, law explicit, information scarcity publication five defects.The third chapter mainly aims at the analysis of defects mentioned above and put forward countermeasures for our realty registration system. China's real estate system has a short history, so there are many mistakes in the system. We should be based on the actual situation and combining foreign advanced systems to eliminate the defects gradually in the future. We are trying our best to strive to make a careful, reasonable and feasible realty registration.
Keywords/Search Tags:Real estate, Realty registration system, Registration properties, Registration validity
PDF Full Text Request
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