Real Property Registration System Application Of The Law Of

In the current judicial practice, the name of others for the ownership dispute caused buyers to understand and deal with cases of dispute disagreement.The view that maintenance of the property from the perspective of a unified registration system, not according to the title certificate should be revoked before full respect for certificates of title records, keeping the interests of the parties under the law.Also view the evidence and the parties through the civil legal relations between the entities on the basis of the review identified the full name is different from the person's real property rights, and fully protect the rights of real people's real interests, property law is determined by the property registration system in the spirit of the law. As the view is inconsistent, leading to such cases in the courts of first instance and second instance court are different. This paper argues that the trial of such cases must be based on real property registration system and related analytical understanding of the judicial system, through to fully understand and grasp the nature of real property registration, and registration review bodies to review the effectiveness of the system so that category of cases correctly apply the law and make a fair and reasonable decision. Specific case proceedings, the parties have sufficient evidence, according to claim their real property for housing people, when the angle of the court should focus on the evidence and the review of legal relations in civil entity, combining the theoretical analysis ultimately determine who the actual property to protect the legitimate interests of rights holders.On this basis, the author of the judicial practice of the trial of such cases the rules put forward some suggestions in order to benefit the judicial practice.The thesis is divided into three parts totally:PartⅠ: Case Description. Judicial practice by introducing the three typical cases, the focus of controversy made the case that the plaintiff claims the defendant's reason for purchase is the name of the establishment? The fact that civil law can be confirmed? If the purchase on behalf of the plaintiff claims the defendant was able to confirm the fact, whether the plaintiff to the fact that the civil authorities against the property rights registration of property rights registration act and argue that others have registered under the name of property ownership? As determined by the legal registration of property rights, its ownership status is enjoyed with his real property consistent with the content? If they are not really related to civil rights laws based on the fact whether the overthrow of their ownership status? The practice is a violation of property law to determine the real property registration system? The plaintiff by the registration authority for property rights of the content object to the registration of property rights, that its real property for the people, thus, can not by administrative proceedings to bring a civil action directly to confirm their status as real rights?PartⅡ: Real property registration system studies. For such cases arising from two viewpoints different from their treatment outcome of the case, but they all contain a common theory of ideas, is to maintain the real property registration system. So, how to understand the meaning of real property registration system, and in such cases the application of the entry point, is the prerequisite to correctly handle the case and key. The part from the nature of real property registration system, effectiveness and significance of analysis for the next part of the judicial practice in the use of the theoretical groundwork.PartⅢ: Real property registration system, application of the law.In the second part of the argument, based on further integration with the real property registration system in the relevant legal system, such as the registration authorities to review the system of full evaluation, purchase and ownership of the name of others leads to disputes in the judicial practice of the problem and apply the principle of the theory into practice, such cases the referee made the final rules.