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Discussion on Registration Validity Doctrine of Housing Land Use Right    

文献类型:期刊文献

中文题名:Discussion on Registration Validity Doctrine of Housing Land Use Right

英文题名:Discussion on Registration Validity Doctrine of Housing Land Use Right

作者:Wenli YU[1]

机构:[1]Shaoxing University

年份:2013

卷号:0

期号:1

起止页码:79

中文期刊名:Asian Agricultural Research

外文期刊名:亚洲农业研究(英文版)

基金:Supported by Planning Project Launched by Humanities and Social Science in Ministry of Education(09YJA820052);General Project Launched by Social Science Planning in Shanghai (2010BJB003)

语种:英文

中文关键词:Real;estate;registration;Housing;land;use;right;Re

外文关键词:Real estate registration, Housing land use right, Registration validity, Registration confrontation

中文摘要:Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers' registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation.

外文摘要:Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers' registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation.

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