【最新版】工程造价专业自考(本科)毕业论文任务书

评阅其答辩 4、参考文献：

( 周)

1、孙宪忠.论不动产物权登记.民商法学,1996年第5期第7页.

2、谢在全.民法物权论.中国政法大学出版社,1999年版第57页.

3、孙宪忠.论物权法.法律出版社,2001年版第471页.

4、吕家政.房屋典当回赎及不动产物权登记.中国律师,2000年第10期第57页. 5、赵鹏越.借鉴国际经验改革我国不动产登记制度.改革与发展战略, 1999年第1期. 6、金绍达.澳大利亚的产权登记制度对我们的启示.中国房地产 ,1999年第5期.

7、王泽鉴.民法总论.台北三民书局,1992年版第2页.

8、黄健雄.试论我国房地产登记法律制度的完善.厦门大学学报,1997年第1期.

9、王洪亮.不动产物权的立法研究.法律科学,2002第2期.

10、孙宪忠.论不动产物权登记.民商法学,1996年第5期第10页. 11、梁慧星.中国物权法草案建议稿.社会科学文献出版社,2000年页,第180页.

12、王利民.物权法专题研究.吉林人民出版社,2002年版344页.

13、王利民.论我国不动产登记制度的完善.民商法学,2002年第1期第13页. 备 注 指导教师： 审 批 人： 年 月 日 年 月 日

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目 录

摘 要 ································································································ I 绪 论 ····························································································· Ⅱ 第1章 不动产登记制度的产生和发展趋势 ·········································· 1

1.1 登记要件制度 ············································································· 1 1.2 托伦斯制度· ·············································································· 2 1.3 契约登记制度 ············································································· 2

第2章 不动产登记制度的意义和作用 ················································· 3

2.1 确定物权归属 ············································································· 3 2.2 善意保护效力 ············································································· 4 2.3 风险警示效力· ··········································································· 4 2.4 国家监管效力· ··········································································· 5

第3章 我国不动产登记制度的现状及存在的问题 ································· 6

3.1 不动产登记立法缺乏统一性 ··························································· 6 3.2 不动产登记房产与地产分立 ··························································· 7 3.3 不动产登记城市与农村不统一· ····················································· 7 3.4 不动产登记法律性质定位不当· ····················································· 7

第4章 完善我国不动产登记制度的立法建议 ······································ 9

4.1 我国的不动产登记效力应采取登记要件主义 ···································· 9 4.2 建立不动产登记制度的“五个统一”的原则 ···································· 10

4.2.1 统一法律依据 ··································································· 10 4.2.2 统一登记机关 ··································································· 10 4.2.3 统一登记效力 ··································································· 11 4.2.4 统一登记程序 ·································································· 11

4.2.5 统一权属证书 ·································································· 11 4.3 扩大登记不动产权利之范围，保护第三人权益 ································ 12 4.4 建立不动产预告登记制度 ···························································· 12 4.5 建立登记机关责任赔偿制度 ························································· 13

4.5.1 承担赔偿责任的条件 ························································· 13 4.5.2 当事人、利害关系人的范围 ················································ 13 4.5.3 承担责任的范围 ······························································· 14

结 论 ···························································································· 15 致 谢 ···························································································· 16 参考文献 ···························································································· 17