scholarly journals The New Real Property Registration Structure in China: Progress with Unanswered Questions

2016 ◽  
Vol 5 (1) ◽  
pp. 91-117
Author(s):  
Lu Xu
Keyword(s):  
Current System ◽  
Property Law ◽  
Significant Progress ◽  
Real Property ◽  
The Real ◽  
Property Registration

Since March 2015, China has been implementing a nationwide unified real property registration structure. This article explains the objectives and measures of this ambitious project against the background of the current system which is fraught with complexities, difficulties and local variations. The move represents significant progress in the regulation and administration of real property in line with the vision of streamlined registration explicitly provided for in statutes such as the Property Law of prc (2007). Nevertheless, within this undoubtedly positive reform, the currently unclear relationship between property law and property registration is left unattended. With reference to comparative materials from England, Scotland and Australia, this paper identifies some of the unanswered questions that would have serious implications on the integrity and reliability of the real property register as a whole, especially in the context of fraud and forgery.

scholarly journals DIREITO REAL DE HABITAÇÃO: CONFLITO ENTRE O DIREITO REAL DE HABITAÇÃO E O DIREITO À HERANÇA, E A POSSÍVEL MITIGAÇÃO NO CASO CONCRETO POR MEIO DO JUÍZO DE PONDERAÇÃO

2021 ◽  
Vol 9 (205) ◽  
pp. 1-22
Author(s):  
Gabriela Duarte Pinto
Keyword(s):  
Civil Code ◽  
Fundamental Rights ◽  
Property Law ◽  
Real Property ◽  
The Real ◽  
Community Property ◽  
The Family ◽  
Property B ◽  
The Right ◽  
Status Of Women

The real property law is a legal institution of civil law, introduced in the Civil Code of 1916 by Status of Women Married - Law nº 4.121 / 1962, which required numerous requirements for its grant and maintenance, namely, (a) were married under the regime of community property; (b) during his lifetime; (c) and remained widow; (d) subject to the inheritance share, the property should be for the family residence and, finally, (e) were the only asset of this nature to inventory. With the advent of the Civil Code of 2002, however, it was extended to all property regime, removed the final term and with the Domestic Partnership Act, It was no longer needed that it was the only good of that nature to inventory. It was questioned the extent of its application in this case and the need for consideration to not fade the right to inheritance. Analyzed the rights involved, Right to inheritance, Property Rights, Right to living and the Real Property Law. It was concluded that the interpreter of the Law must, before the case, carry out the judgment of balancing the conflicting fundamental Rights so that there is maximum preservation of conflicting values, and hence the greatest achievement of constitutional values.

The Real Property Inventory

1934 ◽  
Vol 29 (185) ◽  
pp. 105 ◽  
Author(s):  
Howard Whipple Green
Keyword(s):  
Real Property ◽  
The Real

Zoning fee in connection with an increase in the value of real property. Selected problems

2021 ◽  
Vol III (III) ◽  
pp. 79-96
Author(s):  
Bogusława Dobkowska
Keyword(s):  
Spatial Planning ◽  
Legal Issues ◽  
Real Property ◽  
The Real ◽  
Administrative Courts

An increase in the value of real property triggers, in some circumstances, the obligation on the part of the ownership title holder or perpetual usufructuary to pay a public levy to the commune. The issues of such mutual settlements between the owner of the real property and the commune arising from a change in the value of the real property have been regulated in the Act of 27 March 2003 on Spatial Planning and Development. Those fees include, among others, the so-called zoning fee which is discussed in this article. The analysis is based on views expressed by legal scholars in their writings, applicable legal acts and jurisprudence of administrative courts in this regard. The zoning fee and the legal issues related to its determination which raise the greatest doubts will be examined.

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