Research On The System Of Real Estate Dissenting Registration

Dissenting registration system is one of preliminary registration.It's a protection of real right of truly right person,and it's also a interim protection measure to correct the registration .It's role is to protect the rights of real right people's interests when the real estate register record an error.Dissenting registration system originated in the Prussian law and inherited by the German Civil Code.Swiss Civil Code, Japan's Civil Code, as well as civil law of China's Taiwan region,have provided dissenting registration system, but they are different.Since the development of the Property Law has been officially on the agenda in 1998, until the introduction of Property Rights Law in 2007, during which the draft text and the eventual introduction of the Property Law are made on corresponding provisions of the dissenting registration system, in which both have innovation points and imperfections.In this paper, mainly use of synthesis and comparative research methods, through the mining of dissenting registration system origin and function, on the basis of comparative study of dissenting registration system of each country, analysis the legislative status of China's dissenting registration of real estate, discover the existence of which the problems and imperfections, and proposed a number of suggestions of perfecting China's real estate dissenting registration system.This paper consists of four parts,about 3 thousands words.The first part is an overview of real estate dissenting registration system.Firstly, beginning from the origin of real estate dissenting registration system, discuss the similarities and differences of the dissenting registration system in the pre-Prussian law and the late .Secondly, summarized the functions of the real estate dissenting registration system,that is, protect the static property and transaction security as well as pre-registration procedure to correct registration.Third, an overview of the legal effects of real estate dissenting registration system,that is presumed to retain power, credibility of the break and dispose of the maintenance.The second part is to comparative study of the real estate dissenting registration system .In the dissenting registration systems of Germany, Switzerland, Japan and China's Taiwan region as a comparison , mainly compare and study the objection to the registration of the application of the main body, scope, mechanism, the legal effects,and so on.Which expect to provide an system reference on improving our country's dissenting registration system.The third part is the establishment and current situation of our country's real estate dissenting registration system.Firstly,overview of the legislative process and the corresponding state of legislation from introduction of real estate dissenting registration system to finally established by the basic Civil Law, including the initial attempt of local regulations, the relevant provisions of the draft property law and formal establishment on land registration procedures, housing registration procedures and property law.Secondly, analysis current situation of our country's real estate dissenting registration system, including analysis of the legislative provisions and the existence of imperfections in the department of real estate dissenting registration on the application of principal objection, scope, legal effects, mechanism, cancellation of registration and liability for improper registration, and so on ,in order to provide a theoretical basis in improving our country's real estatedissenting registration system.The fourth part is about improvement of our country's real estate dissenting registration system.Including the improvement of the main objection of real estate dissenting registration system , that is, specific provision and clarify the scope of the "stakeholders" as a further ;Improve the scope of application, that is ,clear the "entry in error" criterion and define the area of able to initiate objection to the registration ;The improvement of legal effect,China's "Property Law" does not provide for the effectiveness of object to the registration, which should improve the relevant provisions;The improvement of the mechanism, China's "Property Law" only provides one mechanism of dissenting registration which is not conducive to protect the interests of the real rights, legislation should enrich the mechanism of objection to the registration;The improvement of the effectiveness period, the "15 days" effectiveness period provision is an innovation of our legislation, but its provisions are too general and do not distinguish the specific circumstances ,our legislation should be improved;The improvement of cancellation of registration , that is, the subject should be clearly and give rise to Obliteration of the subject matter;Liability for improper registration of perfection, that is, define obliteration of the main and content;The improvement of the liability for improper registration,that is, specific division of the liability for improper registration and the corresponding principle of responsibility and compensation for the scope of the rules of registration of applicants and registration authority .The third and the fourth part are the focus of this article, the fourth part reflects the main points of this article.The principal innovation of this article is mainly manifested in the following areas:First, this article fully discusses the origin of dissenting registration system , and summarized it's functions and legal effects, which is few involved in currently academic research.Secondly, based on the full analysis of the relevant country's dissenting registration system and subjected to comparative study,made a comprehensive and systematic exploration of the existing provisions of China,meticulous excavated in the imperfections of existing requirements.Third, this article proposed inadequacies to the shortcomings of China's current real estate dissenting registration system, which is also the purpose of this writing .Due to the limited space available, combined with the short of my knowledge there are many shortcomings to be the next in-depth study and research.