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近代不动产登记制度始于12世纪前后德国北部城市关于土地物权变动必须记载于市政会所掌握的都市公簿上。普鲁士1722年的《抵押与破产法》、1783年《一般抵押法》,系德国法系登记制度之滥觞;法国1795年抵押法关于登记的规定,则为法国法系登记制度的先驱。不管是德国法还是法国法,抵押登记制度的建立,是不动产登记制度建立的基本前提。即其始于不动产抵押权,已成为近代不动产物权的共同公示方法。不动产登记制度的建立,表明国家权力已经介入到市场交易中,同时也弥补了在不动产的交易中占有移转不具有较强公示性的缺陷。不动产登记制度在我国建立并得到了不断的发展,但是其仍然存在问题。文章通过对各国不动产登记制度的分析,比较我国现行法律制度,提出了相关完善措施。
Modern real estate registration system began around the twelfth century in northern German cities on the changes in land ownership must be recorded in the city hall at the hands of the city book. Prussia’s Mortgage and Insolvency Law of 1722, the General Mortgage Act of 1783, the birthplace of the German law registration system; the French law on registration of the Mortgage Act of 1795 was the forerunner of the French law registration system. Whether it is German law or French law, the establishment of a mortgage registration system is the basic premise for the establishment of a real property registration system. That is, it started from real estate mortgage has become a common method of publicity of real property in modern times. The establishment of the real estate registration system shows that the state power has been involved in the market transactions, and at the same time, it also makes up for the lack of strong publicity in the transfer of real estate transactions. Real estate registration system is established in our country and has been continuously developed, but it still has problems. Through the analysis of real estate registration system in various countries, the article compares the current legal system in our country and puts forward some relevant measures for improvement.