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Research On Wrong In Real Estate Registration And It’s Legal Remedy

Posted on:2012-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WangFull Text:PDF
GTID:2246330395463028Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As China’s urban housing system reform deepens and the real estate market, the demand for real property registered rapid growth in the registration system is imperfect, the evils have become increasingly prominent. The practice of real property registration error caused by the disputes are emerging. The process of real property, registration of real property not only to real property interests of the parties a greater impact, and the third deals with security issues are closely related. Registration of real estate in the event of an error, if the person’s rights are not related rights immediate relief, it will seriously affect our safety and efficiency of real estate transactions.As China’s current legislation on registration of real property is not perfect, has not issued the "real estate registration law." In practice, the "Property Law" before the enactment of a large number of registered real property disputes wrong action requirements primarily through the registration office to revoke the registration or through the state compensation error to solve. But the external registration system for registration of the relief measures to resolve the error disputes, human rights are not related rights fully protected, but also caused a large waste of judicial resources, seriously affecting the security of real property transactions and efficiency."Property Law" clearly provides for a unified real estate registration system, as well as the interests of the error due to blocked registration of the relevant rights to provide a relatively complete relief measures, such as correction of registration, registered objections, made in good faith, the registration authority liability. However, the "Property Law" provisions of the relevant provisions of the comparison principle, general, relief measures, the relevant supporting systems are not perfect, resulting in these specific remedies in practice the lack of maneuverability, in theory, is also a great challenge.The main content is divided into four chapters:The first chapter introduces the real property registration system, basic theory; the second chapter an overview of real property registration errors; Chapter Ⅲ Registration of real property when an error A comparative study of legal remedies; Ⅳ Improvement of Real Property Registration wrong legal remedies.
Keywords/Search Tags:Wrong Real Estate Registration, Remedies, Correction of the registration, Objection to the registration
PDF Full Text Request
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