Property buyers can exercise the right to possess, use, profit and dispose of the purchased house according to law by obtaining the legal ownership of the house through transactions. The title certificate is the house ownership certificate.

It is a legal document for the state to protect the ownership of houses according to law. The state implements the system of registration and certification of housing ownership, and all localities must use the housing ownership certificate uniformly produced by the Ministry of Construction.

Similar certificates issued by other departments and units are invalid and are not protected by state laws. Proof that the owner manages and uses his own house.

Property ownership certificate includes house ownership certificate and house ownership certificate. Generally speaking, real estate license is the abbreviation of house ownership certificate.

It is a written certificate issued by the real estate registration authority to prove the ownership of the house.

As one of the certificates, the real estate license has the following remarkable features:

(1) The real estate license can only be issued by the real estate authorities.

(2) The real estate license is a written proof of the ownership of a specific house.

It can also record the condition of a specific house and whether a security interest has been set. Based on the principle of one thing and one right, the real estate license is based on the principle of one room and one certificate.

That is, a house with independent building structure and use function.

There is only one ownership (including distinguishing all houses), and there can only be one ownership registration in the real estate registration, and only one real estate license can be issued accordingly.

(3) The real estate license can only be issued to the owner of a specific house. If the house is owned by * * *, in addition to the house ownership certificate, it can also be issued to the owner of * * * *.

(4) The real estate license is the ownership certificate issued to a specific obligee by the registration authority after registering the ownership of a specific house, and the contents of the real estate license shall be consistent with the contents of the register.

The relationship and difference between real estate license and real estate register, real estate license and valuable securities

As the house is an important real estate, related transactions are extremely common, so the real estate license is widely used in transactions. But in the current practice,

There are still many contradictions between the understanding of real estate license and its nature, which can be summarized into two categories:

First, the relationship between the real estate license and the real estate register is reversed, thinking that the real estate license is the only legal certificate to prove the ownership of the house.

The register is just the file of the real estate license. For example, in practice, when judging whether a person has the ownership of a specific house, it is considered that whether or not to hold a real estate license is the fundamental basis.

Second, confuse the nature of certificate and securities, and think that real estate license has the nature and function of securities and can represent the ownership of houses recorded on it. For example, in the sale of houses,

It is believed that the delivery of real estate license has the effect of housing ownership transfer; Or in house mortgage, it is considered that the possession of real estate license to the mortgagee has the effect of setting mortgage.

According to China's current housing ownership registration system, housing registration is a legal way to publicize the ownership of urban housing rights. In the transaction activities with houses as the subject matter,

The acquisition, establishment and change of real right with housing as the subject matter must be registered before the Property Law takes effect. Therefore, the confirmation of house ownership must be based on the records in the register.

As a kind of certificate, real estate license can prove the legal fact of who owns the house, but its probative force is based on the consistency between the records on it and the records in the register.

If you leave the real estate register or are inconsistent with the records in the register, the real estate license will lose the proof of the ownership of the house rights in the trading activities, but can only become the proof document that requires confirmation from the registration authority.

If the register has not been changed, any individual change of the real estate license itself will not have the effect of the property law. For example, when buying and selling houses, the delivery of real estate license does not have the effect of transferring ownership of houses.

The transferee of real estate license cannot claim that he has obtained the ownership of the house on the grounds of obtaining the seller's real estate license. After the real estate license is lost, the owner of the house does not lose the ownership of the house.

The obligee may claim and exercise his rights according to the records in the register, or request the competent authority to reissue the real estate license according to the records in the register. It can be seen that the real estate license can not be separated from the records in the register and play its role of proof.

The so-called "house ownership certificate is the only legal certificate for the right holder to own the house according to law and exercise the right of possession, use, income and disposal of the house",

In fact, the relationship between real estate license and real estate register is reversed, which is a misunderstanding of the principle, significance and applicable rules of real right publicity. The real estate license also does not have the function of representing the ownership of the house.

This is very different from securities. Both are written documents, and the main difference between certificates and securities is that certificates are only written documents to prove legal facts, and real estate licenses are used as rights certificates.

It can only prove who the ownership of a specific house belongs to and cannot represent the rights recorded on it; Securities can not only prove the ownership of rights, for example, even if the parties only hold securities in litigation,

It can also fully prove that it has the right to securities, and it can also represent the rights recorded on it. The transfer and delivery of securities will have the effect of transfer of rights.

Of course, in the transaction activities related to housing, the real estate license can still play a certain role of proof. However, the real estate license is only a preliminary proof.

At the beginning of the contracting process of house sale, the party who wants to sell the house can initially prove that he is the owner of the house, and the relevant contracting negotiations can be started accordingly.

If the two parties reach a preliminary agreement to sign a house sales contract, one party should not sign a contract with the other party only according to the records of the real estate license, but should go to the real estate management bureau to check the house registration book.

In order to know whether the other party is the real owner of the house, whether the house is mortgaged and so on. Because only the records in the register are credible proof of the ownership of rights. After the completion of the house sales contract,

When the seller delivers the real estate license to the buyer, it does not have the legal effect of the transfer of the ownership of the house, and it is necessary to register the change of the ownership subject in the real estate register (the so-called "transfer registration").

In order to produce the legal effect of the transfer of housing ownership. Strictly speaking, in the process of housing ownership transfer, the real estate license cannot be transferred. After the real estate department handles the transfer registration,

The real estate license originally held by the seller should not be transferred to the buyer after the change and filing, but should be taken back by the seller and a new real estate license issued to the buyer. It can be seen that in the process of housing transactions,

The proof function of real estate license is extremely limited, far less than other documents common in life such as ID card, graduation certificate and contract. Of course, although the delivery of the real estate license does not have the effect of the property law,

However, in the trial practice, it is still of certain significance to judge whether there is a debt relationship. For example, the delivery of the real estate license can prove that there may be a house sales contract relationship between the two parties.

Can prove that the seller has the intention to deliver the ownership of the house; In the transaction activities involving house mortgage, the mortgagee's possession of real estate license can prove the existence of mortgage contract relationship and so on.