Real Estate Registration And Examination

The core of the real estate registration system is to examine the registration. The 12th chapter of Property Law specifies in principle that the registration institution should check the proof material, request registration applicant, and inspect if necessary. But it has not clearly specified the examination standards of the institution, which results in confusion when local real estate registration institutions examine the registrations. This paper studies the optimization of real estate examination progress, presents some suggestions, and hopes to help the practitioners.This paper has three parts besides instruction and conclusion:The first part introduces the basic theory of real estate registration system. It points out that the purpose and function of real estate registration is public summons of right in property, introduces the two basic models for real estate registration: deeds registration and title registration, and briefly analyzes the real estate registration validity of the collected registration condition doctrine: the effectiveness of property change, presumed ability of registration, and registration credibility.The second part discusses the examination standards of real estate registration. It analyzes the two standards: the formal examination and the substantive examination, points out their advantages and disadvantages respectively. Based on the investigation of the real estate registration examination model of registration condition doctrine adopted of typical western countries, it reaches the conclusion that the substantive examination of real estate registration will go through the whole process of registration. From the examination point of client registration application by registration institution, because the notary as the pre-registration procedure can guarantee the authenticity and legitimacy of the application materials, the examination responsibility of registration agency shifts from substantive examination to formal examination eventually. .At the same time it assumes that the real estate registration possesses both properties of public law and private one, and the balance between public right and private right will determine the range of registration examination.The third part discusses the optimization of the examination system of real estate registration. Based on the current registration status of real estate in our country, it points out that a government owned but relatively independent registration administration should be built to unify the registration examination system. From the point of safety and efficiency of real estate registration, it points out that the standard of registration examination of real estate should be produced based on examination procedure and substantive examination. The registration procedure should follow the open and justice principle, the substantive examination should follow the principle of strict formal examination, which reaches the responsibility of reasonability and reticence. And it specifically discusses how to carry out the strict formal examination and distinguishably substantive examination during the procedure of the admissibility - examination - objection handling– examination decision. To improve the efficiency and accuracy of registration examination, a registration institution of real estate should coincide the registration examination with registration on a book to fulfill the visualization and real-time of registration on a book. And at the same time it proposes the introduction of the agent system to divide the responsibility for the registration examination, points out that, the introduction of the statutory conditions are not ripe in China's notary system.In the view of archival information use of the registration file, it points out the defect of chapter 18th of "property law", considers to open the coordinates of the real estates and the searching path of property certificate index to the public for public request of real estate's by multiple ways, and proposes a suggestion for network application of registered file information.