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What is the legal effect of registration of real property rights in China?
Wiki User
∙ 15y ago
In China, when real property rights are created, changed, transferred or destructed, registration is required to cause them to be effective unless it is otherwise provided by law. The real property rights take effect when they are registered or recorded in the real property register. The title certificates of real property rights are the proof that the holders hold the real property rights. When the title certificates are inconsistent with the real property register, the latter governs. In case that rights holders or interested persons think that there are errors in the real property register, they may apply to correct the errors. When the rights holders recorded in the real property register agree the correction in writing or there is evidence to prove the existence of errors, the authorities of registration should make corrections. However, if they disagree with the correction, the interested persons may apply for the registration of objection. If the authority of registration conducts the registration of objection, the applicant must file a case with a competent court within 15 days upon the registration of objection. Otherwise the registration of objection is null and void. In China, when real property rights are created, changed, transferred or destructed, registration is required to cause them to be effective unless it is otherwise provided by law. The real property rights take effect when they are registered or recorded in the real property register. The title certificates of real property rights are the proof that the holders hold the real property rights. When the title certificates are inconsistent with the real property register, the latter governs. In case that rights holders or interested persons think that there are errors in the real property register, they may apply to correct the errors. When the rights holders recorded in the real property register agree the correction in writing or there is evidence to prove the existence of errors, the authorities of registration should make corrections. However, if they disagree with the correction, the interested persons may apply for the registration of objection. If the authority of registration conducts the registration of objection, the applicant must file a case with a competent court within 15 days upon the registration of objection. Otherwise the registration of objection is null and void.
Wiki User
∙ 15y ago
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How does China categorize the registration of real property rights?
In China, there are seven categories of registration of real property rights, i.e., registration of creation（设立登记）, registration of change（变更登记）, registration of transfer（转让登记）, registration of destruction (or termination)（消灭登记） as well as registration of correction（更正登记）, registration of objection（异议登记） and registration of advance announcement（预告登记）. In China, there are seven categories of registration of real property rights, i.e., registration of creation（设立登记）, registration of change（变更登记）, registration of transfer（转让登记）, registration of destruction (or termination)（消灭登记） as well as registration of correction（更正登记）, registration of objection（异议登记） and registration of advance announcement（预告登记）. In China, there are seven categories of registration of real property rights, i.e., registration of creation（设立登记）, registration of change（变更登记）, registration of transfer（转让登记）, registration of destruction (or termination)（消灭登记） as well as registration of correction（更正登记）, registration of objection（异议登记） and registration of advance announcement（预告登记）.
What is the advance announcement registration in China?
When the agreement for purchase of housing or other real property rights is executed, or when the mortgage is placed on the pre-purchased housing（预购商品房）, or when the housing ownership is transferred, the parties can apply to the government authority in charge for the advance announcement registration （预告登记） as specified in the agreement. Upon registration of the advance announcement, and absent the agreement by the right holders of the advance announcement registration, it is invalid to dispose of the real property and meanwhile if the creditor's claim is terminated or no application for the registration is filed within three (3) months from the date it is feasible to file the registration, the advance announcement registration becomes invalid.
What authorities are in charge of the registration of real property rights in China?
In China, the rights in land and the rights in housing are respectively registered or recorded by the government authorities in charge of land and in charge of housing. The government authority in charge of land is responsible for the registration of state land use rights（国有土地使用权）, collective land ownership（集体土地所有权）, collective land use rights（集体土地使用权）, mortgage（抵押权）, servitude（地役权） and other rights in land required to be recorded by law and regulation. The state land use rights include state land use rights for construction （国有建设用地使用权）and state land use rights for agriculture（国有农用地使用权）, the collective land use rights include collective land use rights for construction（集体建设用地使用权）, land use rights for residence（宅基地使用权）and collective land use rights for agriculture（集体农用地使用权） (exclusive of land contracting rights土地承包经营权). The government authority in charge of housing is responsible for the registration of rights regarding housing ownership, mortgage on housing, servitude regarding housing, advance announcement regarding housing. In addition, it is permitted to place the mortgage on the buildings under construction in China and therefore the mortgage can be recorded. The registration of housing ownership includes the initial registration（初始登记）,registration of transfer（转移登记）, registration of change（变更登记）and registration of destruction（注销登记）.
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