The Research On Examination Ways Of The Real Estate Registration

The examination of the registration is the core consent of the real estate registration.The ways of the examination have a great impact on the credibility,efficiency,and the accountability of false registration,and associates with the conveyance of the property and the registration authority.Hence,it is important to examine the ways of the real estate registration and choose the legislature,which promotes in theory and in practice.Considering the function and the systematism and analysing the different legislatures, this thesis suggests some advice.The text is divided into five parts as follow:The first part is the function of the real estate registration.Through the history of the registration in western and eastern,this paper discusses the double meaning in public and private law.Then,owing to the double functions,this paper concludes the requirements of the real estate registration.The second part is the system of the examination of the real estate.Insisting the systematic,historical,comparative,and law study,this paper argues the system by parsing the conveyance of the property,effectiveness and the registration ways.The third part is the legislatures of the examination of the real estate property. Comparing the different legislatures in main countries and districts,this paper promote the examination ways in narrow sense and in board sense.The examination of real estate,in board sense,is the examination for the validity during the registration of the real estate;in narrow sense,the examination of the real estate is under the registration authority.In board sense,the whole process of the real estate registration should secure the registration true and legal,no matter right registration,contract registration or Torrence registration which are substantive examination.In narrow sense,there are formal examination and substantive examination.But the countries adopting the formal examination have corresponding systems to achieve the substantive examination.The duty changing from the registration authority to other organization secures the change that the examination changes from the formal examination to the substantive examination.The substantive examination is conducted by the registration authority and the notarization organization or mainly conducted by the notarization organization and the registration authority examine formally which are the trend of the examination of the real estate registration.The forth part is the theory analysis of substantive and formal examination.In this part, this thesis analyses the reasons of the examination and the substantive examination.In board sense,the substantive examination is required no matter the effective publication and the counter publication.The registration has the credibility under the effective publication.The credibility is the incentive of the real estate registration and the substantive examination is the basis and the safeguard of the credibility.The consent doesn't have the credibility but the publication has the effectiveness of countering and protecting the third party,securing the registration true and legal,The formal examination is the trend in narrow sense,because the examination of triage can advance the efficiency and secure the freedom without increasing the cost.The fifth part is the solution of the ways of the real estate examination.In this part, arguing the controversies that are about the different ideas about the formal and substantive examination and basing on special circumstances in China,this paper analyses that the current examination is mainly substantive,and the perfection of the examination is based on the notary or the agent of the registration.