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Anonymous users2024-02-13With 18 articles (Articles 9 to 26), the Property Law establishes the basic structure of China's real estate registration and provides an overall framework and structure for the formulation of the Real Estate Registration Law in the future.
Article 9 The creation, alteration, transfer and extinction of real estate rights shall be registered; Without registration, no real right shall take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
This article stipulates the legal effect of the registration of immovable property. The legal effect of the registration of immovable property rights is subject to the following different legislative examples in the civil laws of various countries around the world:
The first is to register antagonism.
It is considered that the registration of immovable property is not a necessary procedure for the change of immovable property rights. Changes in immovable property rights take legal effect according to the intention of the parties, but non-registration cannot be used against third parties. Japan has adopted this legislation.
The second is the doctrine of registration requirements.
It is believed that registration is an essential condition for the change of immovable property rights, and that changes in immovable property rights must be registered in addition to the agreement between the parties, and that non-registration not only cannot be used against a third party, but also has no legal effect between the parties. Germany and Switzerland have adopted this legislation.
The third is the principle of delivery of land bonds.
Also known as the Torrens registration system, this system adopts an arbitrary registration system and does not make it mandatory for all land to apply for registration of other rights of ownership.
However, if an application is made for registration of an immovable property right, registration is a requirement for the effective change of the immovable property right.
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Anonymous users2024-02-12Immovable property registration refers to the activity in which the right holder submits an application and the matters related to the applicant's real estate rights are recorded in the immovable property register after being examined by the national specialized department. Before the promulgation of the Property Law, the real estate registration system could not be fully and effectively established in the form of law in China, and the provisions on the registration of real estate rights were mainly scattered in some individual civil laws and regulations and the judicial interpretations of the Supreme People's Court.
1. Standardized registration system. The main problem is the lack of legal basis for registration.
1. The registration authorities are not unified.
1. The promulgation of the Property Law has improved and developed the registration system, which is of great significance to solving the confusion of the registration system in the above-mentioned practice and can effectively maintain the security and order of transactions.
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Anonymous users2024-02-11Immovable property registration refers to the activity of publishing the fact of the change of immovable property rights on the statutory documents at the application of the right holder at the competent state authority. Chinese law clearly stipulates that the establishment, alteration, transfer and extinction of immovable property rights can only take effect after registration.
Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of the buried rights of immovable property shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered. Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located.
The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
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Anonymous users2024-02-10Answer: Round Book Case] :d
1) Option A: Transfer registration, which refers to the registration of the transfer of real estate rights from the transferor to the transferee; (2) Option B: Alteration registration refers to the registration of the division, merger, establishment, addition or deletion of immovable property rights; (3) Option C:
Opposition registration refers to the registration of objections made by the registration authority to the objections of interested parties to the registration of the immovable property register.
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Anonymous users2024-02-09Answers]: a, d
Option BC: The parties can apply to the immovable property registry for the registration of the transfer (instead of the change of registration).
The characteristics and common problems of China's real estate registration system are as follows: >>>More
Generally not applicable, bona fide acquisition only applies to movable property, because one of the elements of bona fide acquisition is delivery, and immovable property such as a house cannot be delivered alone. However, in specific cases, based on the principle of publicity and public trust, some property owners register their houses in the names of relatives and friends, obviously at this time, relatives and friends have no right to dispose of them, but because of their names, the buyer has reason to believe that the house is theirs based on the principle of publicity and public trust, so the sale and purchase agreement is reached, which is recognized by the law that the buyer has ownership, and the original owner of the house can only pursue the responsibility of the person who has no right to dispose of it based on unjust enrichment, infringement, etc., which is also to protect the efficiency of the transaction. Fair, however, provided that the buyer is well-intentioned ha, hope it helps you.
The detailed rules for the implementation of the Interim Regulations on the Registration of Immovable Property are as follows: >>>More
Article 15 of the Property Law stipulates that a contract between the parties relating to the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract, unless otherwise provided by law or otherwise agreed in the contract. If the property right level is not handled, the validity of the contract shall not be affected. Article 14 stipulates that the creation, alteration, transfer and extinction of immovable property rights shall take effect when they are recorded in the immovable property registration book if they shall be registered in accordance with the provisions of the law. Article 9 stipulates that the creation, alteration, transfer and extinction of real estate rights shall become effective upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. >>>More
Of course, this has the force of law. It can be used as some evidence. However, it cannot be used as an independent effect.