Study On The Legal Effect Of Real Estate Registration

Real estate, such as lands, buildings and woods, performs a vital role in our society.Thus real estate registration system was designed by the government to standardize theeconomic order of the market, and to protect people’s property. The presumption validityand public credibility of real estate registration, which was first adopted in Germanproperty law, is now imitated by many other countries. Based on German property law andtheoires，this thesis researches into the presumption validity and public credibility of realestate registration, and use them as theoretical principles to analyze real estate acquisitionin good faith in connection with registration errors.Chapter1is a general view over real estate registration system. It is an introduction toChinese current legislation as the legal subject, the subject matter and rights registered ofthe registration system, the three registration legal modes used around the world，and thefunction of real estate registration.Chapter2presents the presumption validity of real estate registration. Firstly, explainthe legal effect of real estate registration and its rebuttable presumption of law, and theapplication of the presumption in practice. Then deduce the theoretical principles andessence of the registration system, by analyzing German property law theories and theforce of the registration as an administrative confirmative action.Chapter3considers the public credibility of real estate registration. Interpret thiseffect which is based on the credit pirnciple, the presumption validity and fiction of law.Expound its applicable condition，the protection that it provides for parties of both sides,and the resistances of its effect.Chapter4introduces the application of both legal effects in practice. Draw out the realestate acquisition in good faith with registration errors which is inevitable. Finally describetwo representative cases to show its application.The research of this essence only unveils part of the legal effects of real estate2 registration system. With the development of Chinese market economy, uniform andspecialized law is still in urgent need. The legislature should quicken its step on legislationof real estate registration.