A Study on Registered Land Notes Registration and Requests for Registration and the Effectiveness

• Main Authors: PAI，YU-CHI, 白栯綺
• Other Authors: 何彥陞
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/47494720726120541387

碩士 === 逢甲大學 === 土地管理學系 === 105 === The binding force of land registration indicates objectively any change to the status of real estate, or presume the legitimate rights over the real estate, including the principle of legitimate expectation. In order to achieve its purpose, protect the third party suffered from damage, and decrease the transaction cost, and preserve peoples’ right of property and safety of transaction, a strict review system is needed to ensure the consistency between the land registration and the actual legal relationship. However, the question that whether all types of registration were all embedded with such force remains to be answered. Take registered land notes registration and requests for registration as example. The former is an administrative action performed by the registration agency according to its authority, and the nature of the action is considered as an internal administrative affair. The purpose of which is to remind the internal registrars of the notes of the registration. The latter occurs when the industry competent authority sends official letter notifying the registration agency in accordance with law, and the legal responsibility shall be attributed to the requesting authority. The purpose of which is for the registration agency to operate in coordination with other competent authorities. Most importantly, the opinions of theoretical studies and the legal practice differs concerning these two types of registration, and the application of which intertwines or reduplicates with each other, resulting in confusion and difficulties. This article examines the legal nature of registered land notes registration and requests for registration from the perspective of administrative action in form, and reviews the legal force of which based on publicity, presumptiveness and credibility. In addition, this study found out that the legal nature of these types of registration should be regarded as a factual action. There are two characteristics of both types of registration. First, both concerns changes of right over real estates, and second, both do not restrain the power of disposition enjoyed by the real estate owner. Therefore, both types of registration do not conform to the requirements of registration force or registration antagonism, and no legitimate presumptiveness or issues of legitimate expectation occurs. Thus, both registration should not be under the protection of presumptiveness or credibility. Furthermore, although there might be some requests for registration that involves changes to the registered matters, since the changes to the registrationof the real estate could be attributed to the requesting agency and its legal authority, the legal relationship should be considered in accordance with relevant regulations. Therefore, the requirements of registration force or registration antagonism are not fulfilled, the registration falls out of the coverage of presumptiveness and credibility, and only the publicity effect remains since the changes were made due to law.