A Study on Issues Regarding Carrying the Spirit of Real Right Legislation through the Legislation on Registration of Immovable Property

Abstract

China’s legislation on the Property Law of the People’s Republic of China (hereinafter the Property Law) established a unified system for registration of immovable property, aiming to build a stable order for the disposition of real rights in immovable property based on the publicity principle, and to provide institutional support for the operation of the market economy and the protection of civil rights. Book Two Real Rights of the Civil Code of the People’s Republic of China (hereinafter the Civil Code) establishes the institutional framework for registration of immovable property from the perspective of substantive law, representing a significant innovation to the previous registration system. In terms of institutional positioning, registration of immovable property should highlight its core attribute as registration of real rights in immovable property, distinct from mere natural resource ledger management; in terms of the model of legal effect, the substantive registration model should be adopted, in line with China’s transaction practices and the legal doctrine distinguishing real rights from obligatory rights. Currently, in the discussion of legislation on registration of immovable property, there remain different understandings of its institutional positioning. Based on the practical needs of market economy development and rights protection, this article explains the jurisprudential basis and institutional logic for implementing the spirit of real right legislation in registration of immovable property, clarifies the functional boundaries of the registration system, and consolidates the theoretical foundation for China’s specialized legislation on registration of immovable property.

Keywords

registration of immovable property / unified registration of immovable property / publicity principle / presumptive effect

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