Research In The Objection Register System Of Real Estate In Our Country

The objection registration is just for the real estate, it is the objection registration of real estate. The objection registration is a registration that the real right owners and the related people's objection to the reality registration. In the real estate registration affairs, if the registration error the goodwill third could acquire the real estate because the registration has presumption of validity and credibility before objection registration, which would aggrieve the right of the real right owners. The real right owners could apply for the objection registration to prevent this situation, which could make credibility useless when the objection registration was proved correct, so the goodwill third can't get it. The interests of third were also protected by the objection registration when the real right owners and the real right were protected. The objection registration could public the status of property and alert the third with trading intent that there is a dispute in the property, so the third would consider the benefits and transaction risk. The objection registration was established to protect the benefits of the real right owners and transaction security in China, but the provisions of objection registration is general, with a poor operation in practice. The mode of objection registration is not good to the real right owners. Some foreign representative objection registration system was compared in this paper, and then the author made comments on the objection registration system of China, at last put forward some legislative proposals for the construction of objection registration system in China.This artical can be divided into four parts.The first part focuses on the basic theory about objection registration of real estate. After the legal definitions on the objection registration of real estate, the author analycised publicity of property, then talk about the legal value of objection registration of real estate.The second part is the investigation about the legislative pattern of objection registration of real estate in foreign countries, introduced the objection registration of real estate in Germany and Switzerland and Japan, and then talk about difference between them. By comparing the objection registration of real estate in different foreign countries, the author hopes that it can provide some comments to our country. The third part is some comments and suggestions for China's objection registration of real estate. The objection registration of real estate in our country existed many problems on causes of taking place, the way of taking place, legal effect, liability to pay compensation and losing efficacy. The author analysis those problems and then provides some advices by consulting foreign countries'legislative pattern.The last part is some suggestions for China's objection registration of real estate. The author put forward some constructive advices on causes of taking place, the way of taking place, legal effect,liability to pay compensation and losing efficacy.