Registration Credible System Of Interpretation And Choice Of System

The indication validity of registry is a traditional system in the property right law. It makes sense in providing trade security and preserving from the risks. Going through the wash of the history and the check of the practice, it has been acknowledged by theory and legislation in all civil law country. Our country's《Property Right Law》has established the will formalism pattern for the property right transference and constructed registration system for the real property preliminarily, but it omitted the very important system, that is the indication validity of registry. This paper used research methods like comparative analysis,value analysis,historical analysis,legal interpretation synthetically to make a study and comb through the rational connotation ofhe indication validity of the registry systematically, then structure the scientific theoretical outlook, to clarify the connection and the interaction between the specific systematic function of the indication validity of registry and the system of the property right transference. All above-mentioned are aiming to answer the significant practical question whether our country's legislation can adopt the system of the indication validity of registry, and to provide probable formulas to choose for our country's systemization of the indication validity of registry in the future.This paper has five parts in all.The first part fully analysed the system connotation, legal value and legal construction of the indication validity of registry. Firstly, I will give the basic connotation of the indication validity of registry, that is when the registry was wrongly entered and the third party don't know the mistake and do trade with the nominal person due to the wrong registry, the third party can attain the registered real property doubtlessly upon the good faith in the registry; the true obligee can't request the third party to return the property. From the legal value aspect, the chief value of the indication validity of registry lies in the protection of the trade security. On the efficiency view, the indication validity of registry can reduce the trade cost, so that offering an effective inspiration mechanism. On the legal construction, the indication validity of registry must have specific composites to exert its security value and efficiency value to the fullest. Meanwhile, the basic value of the indication validity of registry inevitably educe its legal effect, namely the third party attained the real property registered doubtlessly and the true obligee lose the property right accordingly.The second part briefly introduced the three different patterns of transfer of the property right. They are pattern based on autonomy of the will, pattern of property right formalism and pattern of will formalism. I will do some comparisons from theoretic and legislative aspects between them. France is the very type of the pattern based on autonomy of the will. The transfer of the property right will go into effect in the event of the parties reach agreement on the contract for credit. The transfer is the direct legal outcome of the agreement on the contract for credit. The public notification is just the element for counterwork. While, the property right formalism requires an independent contract of property right besides the contract for credit, then combined with the public notification as delivery or registry to validate the transfer.《Civil Code of German》use theory of juristic act of right in rem as the basis to build one of the three transfer patterns—property right formalism. Will formalism denied the existence of the independent property right contract in the property right formalism. It suggests that the transfer of the property right is the effect of the contract for credit combined with the delivery or registry. Our country's《Property Right Law》adopted the pattern of will formalism. Though the pattern based on autonomy of the will is in favor of the convenient trade, it has an obvious flaw, lacking logic, which always made it complex and conflict when being applied to. On the contrary, property right formalism and will formalism are consistent in the logic and the relationship is clear when they are being applied to. So they are useful to protect the trade security, which is a big system advantage compared with the pattern based on autonomy of the will. The indication validity of registry has no utterly inevitable relationship with the specific pattern of the transfer of the property right, but it is more reasonable to combine the formalism with authoritative faith in the registry.The third part probed into the system harmony and functional substitution between the indication validity of registry and other relevant systems. Firstly, the indication validity of registry has some functional overlay with the theory of juristic act of right in rem. This paper through the review of the basic connotation of the theory of juristic act of right in rem and its comparison with the indication validity of registry; it believed that the inherent flaw of the theory of the juristic act of right in rem made it can't provide perfect protection for the trade security which are due. While, the indication validity of registry can make up for the flaw in the right disposal during the trade. It offered more effective protection to the third party. Meanwhile, the indication validity of registry proved to be more flexible when weighing the interest between the true obligee and the third party. Hence, on the protection of the trade security, the indication validity of registry should replace the theory of the juristic act of right in rem. Secondly, the indication validity of registry also has system substitution problem with the bona fide acquisition of real property. This paper firstly clarify the misunderstandings of the meaning of the bona fide acquisition of real property, then reveal the substantive difference between the indication validity of registry and the bona fide acquisition of real property. It rests on different right token to get the third party's trust, to the bona fide acquisition of real property it is the possession of the real property, and to the indication validity of registry it is the registry. On the efficacity of the right token, possession is in an obviously inferior position compared with registry, for it go against the trade security to the real property with huge value. On the premise that a relatively perfect real property registry system has already established, in the realm of the real property, the protection of the trade security should hang over to the authoritative faith in the registry to achieve, and the bona fide acquisition of real property should confined to regulate the trade security in the realm of the movable property.The forth part studied the systematic safeguard of the indication validity of registry from the procedure aspect. Substantive censor, correction registration and opposition registration are three basic elements structured the systematic safeguard of the indication validity of registry together. Firstly, on the system of registry censor, I will do some comparison between the legislation of German and Switzerland to provide legislative instances for our country to use for reference in the future. Our country's future system on registry censor should rely on the pattern of will formalism and adopted substantive censor to form system echo from the inner side, then ensure the registration trueness to the maximum, reducing the risk and cost in the trade. Secondly, correction registration is a remedy which the law entitled the obligee to correct the wrong registry. The startup of the correction registration can according to the correct petition submitted by the obligee or the registration department correct it initiatively. On the relationship between the correction registration and, the indication validity of registry correction registration can apply to registry of rights and registry for citation, while the indication validity of registry can only come into being due to the registry of the rights. More importantly, correction registration belongs to the beforehand remedy, if the indication validity of registry come into effect, there is no possibility of the correction registration to arise. The end of this part probed into the opposition registration. When the correction petition of the party interested is turned down, in order to withstand the correctness of the registry, he or she can make opposition registration, which can cut off the indication validity of registry temporarily within the term stipulated by the law. Even the third party believed in the contents of the registration with good will, he or she can not attain the real property registered. In《Civil Code Of German》, correction registration can startup according to the consent of the interested parties or fake disposal. Our country's《property Right Law》have provisions of opposition registration, but it lacks the initiative mechanism which we should make up for.The fifth part discussed the system devise of our country's indication validity of registry in future and that is the paper's ending. Based on our country's current institutional resources and the analysis of the realities, I think that our country should establish the system of the indication validity of registry. At last, on summing up all the fruits we get previously, I draw the outline of the general framework and some specific institutional ideas for our country's indication validity of registry in future. And that is the tag of the whole paper.