Study Of Real Estate Registration System

The change of property right is an important issue in the policy and technique of the legislation. How to treat the registration is the essential issue when we talk about the change of real property right. In the following content, I will introduce the major content about this article.Part one, the meaning of registration of real property right variety and various registration examples in other countries. The meaning of registration of real property right means that the authority department records what the applicant's application on the title book, and the various registration examples refers to three kinds of registration systems ,they are the right registration system, the title registration system and the Torrenssyhem one. Through comparing the present legislation hereof in the Chinese civil law with that of the three kinds of registration systems above, the writer finds that they are different. In china, registration enjoys the power of determining the change of real property is valid or not. But this regulation is not based on the principle of public notification, but on administrative management, and legislation not mentions the registration public trust.In part two, the basic theory of registration of the real property . It is the essential registration and the formal registration. In the essential registration system, the registration is the necessary condition of the change of the real property. In the formal registration, the registration is not the necessary condition of change of the real property. The writer analyzes the characteristic of the two system, and thinks that our future property law should adopt the essential registration system.In part three ,the power of registration of the real property . First, the public notification power of registration. The writer analyzes why the change of the real property must make use of the public notification, then talks about the variety of public notification power of registration. Secondly, the public trust power of registration. The writer talks about the base of the public trust power.In part four, some thoughts about our futurte property law . The change ofthe real property is different from the it's course. Our country should provide the registration law of the real property quickly. But because our public notification system is not perfect, the registration don't enjoy the public trust power at once. By making use of the chance of uniform examination of judicature, we can slowly make the registrar own corresponding intellectuals and experiences.