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Does the right to land contractual management take registration as the right to take effect?

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Does the right to land contractual management take registration as the right to take effect?


        

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  • 2024-06-14 17:00:01

    Does the right to land contractual management take registration as the right to take effect?
    Although the acquisition and change of rural land contractual management right does not take registration as an effective element, once registered, it has legal effect against the third party. The government makes the right to land contractual management exclusive by issuing certificates to the public. The rural collective land contract management certificate issued has the effect of right presumption, and it can be recognized that the obligee has obtained the right to contract management of the land to maintain the security and stability of the transaction and the legitimate rights and interests of a bona fide third party. According to Article 2 of the Measures of the People's Republic of China for the Administration of Rural Land Contracting and Management Certificates, the rural land contracting and management certificate is the legal evidence that the state confirms the contractor's right to land contracting and management according to law after the rural land contracting contract takes effect. The rural land contract management certificate is only used by the contractor. Article 4 The local people's government at or above the county level shall issue a rural land contract management certificate to the contractor who practices household contract management. The local people's government at or above the county level shall issue the rural land contract management certificate to the contractor who adopts other forms of contract management after registration according to law. The agricultural administrative departments of the local people's governments at or above the county level shall be responsible for the filing, registration, issuance and other specific work of the rural land contractual management certificate. According to Article 17 of the Property Law of the People's Republic of China, the real estate ownership certificate is the proof that the obligee enjoys the real right of the real estate. The items recorded in the real estate ownership certificate shall be consistent with the real estate register; If the records are inconsistent, the real estate register shall prevail, unless there is evidence to prove that there is an error in the real estate register. Article 19 If an obligee or interested party believes that the items recorded in the realty register are wrong, it may apply for correction of registration. If the obligee recorded in the real estate register agrees to make corrections in writing or there is evidence to prove that there are errors in the registration, the registration authority shall make corrections. If the obligee recorded in the realty register disagrees with the correction, the interested party may apply for registration of objection. If the registration authority grants the registration of objection, the applicant shall not file a lawsuit within 15 days from the date of registration of objection, and the registration of objection shall become invalid. If the registration of objection is improper and causes damage to the obligee, the obligee may claim damages from the applicant.

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    2024-06-14 17:00:01

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