从《物权法》看物权登记制度

Research on Registration from the Perspective of Property Law

物权登记可以界定为国家依法委托特定职能机构按照当事人的申请对于当事人的物权状况决定进行记载或不予记载的行为过程,以及这种记载或不记载发生特定法律效力的事实状态。登记具有公信力,包括登记推定力和不动产善意取得效力。登记可以明确和宣示权属,实现国家治理,保护合理信赖,降低信息成本。根据不同的标准,登记可以分为不同的类型。

Registration of the real estate is the procedure of deciding whether the conditions of some real estate can be written in the registration book with application by particular administration, and it＇s also a condition that has some effect on the transfer of property rights. Registration has the effect of public trust, including supposing rights on registration books are right, as well as admitting people who trust the registration can get property rights if they are in good faith. Registration could make the limit of rights clear, help the government to fulfill its power, protect people＇s reasonable trust, and cut the cost of collecting information. Registration can be divided into different types with different standards.