Research On The System Of Real Estate Dissidence Registration

Real estate dissidence registration is a special kind of real estate registration. Its value is that when there is an inconsistent between the items recorded in the register and the real statue of rights, it can prevent the third party acquiring the right of real estate due to the reliance on register; thereby, it offers a simply and efficiently temporary protection for the real owner of right. This special registration assigns its origin to Prussian law, and introduced by Germany, Japan, Switzerland, Taiwan and many other countries and regions. In China, although the " Real Right Law ", " Land Registration" and " Measures for Building Registration " mainly give the provisions of dissidence registration, these items still have many problems, and the improvement of them becomes more and more urgent when facing the increasing real property dispute.This paper utilizes many research methods, such as value analysis and comparative analysis, to discuss the foreign and domestic dissidence registration systems, in order to make some personal recommendations for the development of China’s real estate dissidence registration.There are four parts in this paper, besides the prelude and postscript.The first part is the introduction of the basic theories of real estate dissidence registration. Firstly, it analyzes the concept and origin of this system; then, it values this system from the aspects of equity and efficiency. After that, it compares dissidence registration and correction registration, pre-notice registration and property preservation to identify its unique value.The second part is about the comparative study of dissidence registration. Through enumerating and comparing of the legislative backgrounds, the legal validity, the design of items and the relations with correction registration of the systems in Germany, Switzerland, Japan, Taiwan region, this part summarizes the significant reference for the improvement of our system.The third part analyzes the legislative statue of China’s real estate dissidence registration. It starts with the analysis of the legal validity, applicable conditions and procedural requirements of dissidence registration of Chinese law and regulations; and points out the shortages of our system which mainly include the inconsistency of legislation, the uncertainty of legal validity, the unreasonableness of applicable conditions and procedural requirements, and imperfection of relief system.The last part proposes five recommendations of the improvement of real estate dissidence registration. The first one is about unifying the legislation of real estate registration. Secondly, the negative effectiveness of dissidence registration to indication validity of register should be specific, however, dissidence registration should not over the constructive force of register and have no constructive and disposal restriction power. The third suggestion is that the provisions of the applicable subjects, scope and causes of dissidence registration should be more detailed. Moreover, the regulations of the initiation and invalidation of dissidence registration need to be improved. Finally, the last advice is about the improvement of related relief system.