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Research On The Nature Of Real Property Registration

Posted on:2014-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhaoFull Text:PDF
GTID:2266330401985113Subject:Civil and Commercial Law
Abstract/Summary:
The real estate registration system is one important part of Property law in ourcountry. The definition of the nature of real estate registration is directly related to thelocation problem of the real estate registration system and directly related to specificjudicial practice and legal application program selection problem.There are inseparablerelations to the settlement of the dispute between the parties. According to the currentsituation of the law, although the Property law has made the rules of the real estateregistration, the real estate registration terms mix the numerous public law and proceduralnorms, which not only make the private character of the Property law is fuzzy and morefuzzy nature of the real estate registration definition. In theory, there has been a privatelaw and public law behavior to act as the nature of the leading the argument. The Propertylaw has been promulgated and implemented, but the dispute for the nature are failed to besolved.This paper is mainly based on private law perspective to study the nature of the realestate registration. The text is divided into four parts:Chapter I: Briefly introduce the basic concept of real estate registration, based on thecomparative study of the several major real estate registration systems, it is shown theattitude of the nature. Summed up real estate registration system of our country for belowresearch to make theory foreshadowing.Chapterâ…¡: Overview the mainstream views of the public law behavior, anddemonstrates the drawbacks and irrationality of the definition of public law behaviornature.Chapter â…¢: From the basic theory of private law, it demonstrates that private lawattribute is the essential nature of the real estate registration, and provides reasons for that.Chapter â…£: The private law attribute of the real estate registration requires the ruleconfiguration, and there is profound impact on other related systems.
Keywords/Search Tags:real estate, title registration, Public law attribute, private law attribute
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