A Study On The Infringement System Of Objection To The Registration

Objection to the registration of real estate and property law is the law on registration of the important system and a temporary protective measure of the genuine rights of the people the right to correct the registration request. In modern times, as countries of the increasing emphasis on the safety of transactions, changes in property rights of publicity credibility principle has been established. In the real estate field is that when the performance of the real rights and the right to register disagreement, which in some cases to make in the latter, reasonable trust property registration and the transferee can obtain an absolute protection. In order to better balance the safety of property and the dynamic relationship between the static security, to correct the registration and also registered objections have emerged. That is, when there is the right of people registered with the real human rights situation inconsistent, or interested parties should be allowed to apply for correction. But corrected the registration process more stringent requirements, a longer time, 1:00 difficult to resolve the dispute there was no time for corrections or registered cases, the stakeholders should be allowed to register on the reality of the correctness of the right to challenge the temporary registration, namely, Objection to the registration. The registration of the direct legal effect is the right to confront the reality of the accuracy of registration, suspension of registration of real rights in accordance with the registration of the content of the right to exercise their rights or prevent the registration of a third person on the credibility of a real estate property rights. It should be noted that this objection to the registration to protect the rights of real people despite the operating mechanism is conducive to the final status of the Rights of clarity, but also for those who are interested in the legal system to register the name of violations of the legitimate rights and interests of a small number of people providing a Unlike the past, any infringement of a means of new roads, new objection to this infringement on this pattern of behavior appear in our daily lives in the future. With the registration system in China's objection to the "property rights" in the formal establishment of a true self-proclaimed human rights of the stakeholders or interested party registration objection against the registration of the name of the legitimate rights of the people, will become a real estate property rights The potential safety problems. Unfortunately, the "property rights" on a simple objection to the registration requirement even after the remedy can not meet the operating requirements, therefore, how to build and perfect the system of objection to the registration of the infringement, has become one of the urgent need to resolve the forefront of theoretical issues. In response, this paper only three ways to do some study:The first part of the objection to the registration system's basic theory at the level of initial definition, the system aims to introduce the history and reality value, indicates that China's "property rights" objection to the introduction of a registration system to follow the development trend of the times the wise But also pointed out that the objection to the registration will be formally established inevitably brought us many new problems and challenges, including objections infringement is the most notable example. Through the objection to the registration rules of operation, it is not difficult to find, produce infringement dispute, in a sense, is the rights of the static security and safeguarding the security of this dynamic means difficult to reconcile the contradictions between the inevitable result:, With a registration system to prevent real objection to the registration status of the real rights of the legislative design does not have its positive significance can not be replaced; On the other hand, registered objection to the establishment of an effective registration of the name will bring negative consequences it has greatly stimulated The part of non-infringement of the rights of people to. It is precisely because of this contradiction can not be coordinated, so as to establish a sound of relief after the objection carefully than tort system may create infringement dispute prevention mechanism more valuable.The second and the third parts are infringement dispute against the system and launched a series of core issue of the analysis and discussion. The article first objection to the registration of the violations were classified system, summed up the three most typical object model violations, and one by one of their form of expression, basic characteristics and extent of harm and then, from a liability principles and Elements of both horizontal comparison of these three violations of the fundamental differences between, then a summary of their respective basic theory, not only clear answer to the registration office of infringing the principle of attribution is why this debate in the theoretical circle of thorny issues, but also Proposed that all types of violations objection to the different ways to further infringement of objection to the consolidation and improvement of the system has removed the legal obstacles.The forth part is on how to build infringement dispute in the gaps in the system and how to improve the system of infringement objection by the lack of legislative ideas and theoretical structure. In this, the article took a different part of the second set of vertical, detailed objections on a variety of violations of the system construction and improves the mechanisms and other issues. Emphasis on the accountability registration office objection infringement of infringement liability for compensation for damage to the victim's actual loss of important significance, as well as the introduction of insurance mechanisms to take objection to the registration authorities infringement damages played by the responsibility of promoting and facilitating the role of specific analysis Objection to the applicant and the registration staff at the common responsibility of infringing nature and shared responsibility, and other issues.