State registration in Germany: formation, development, current state

Abstract

The article deals with the theoretical and practical
aspects of the legal nature of the formation, develop-
ment and current state of state registration in Germany.
The essence and peculiarity of the mechanism of state
registration of rights in Germany are analyzed. The rele-
vance of this topic is due to the presence of a large number
of gaps on the part of national legislation that regulates
relations directly in the field of state registration of real
rights to real estate, their encumbrances (hereinafter –
registration of rights). By examining the experience of
other countries in the world, we will be able to draw con-
clusions and offer tools to address the loopholes and more
effectively preserve, safeguard and protect the rights of
individuals (natural or legal) as guaranteed by law.
This article will explore the state registration system
of Germany, the country that became the basis and pro-
totype for the Ukrainian registration system. Ownership
is the basic legal institute in every country in the world.
The emergence, development of this institute is an indi-
cator of economic growth of the country. The protection
of the property law institute is an integral part of a de-
veloped country. In order to properly understand and
interpret the essence of becoming an institution of prop-
erty rights, in particular the assignment (registration)
of rights to a specific person, it is necessary to study the
process of origin and formation of origins (establishment)
of rights in the past.
The analysis of publications shows that there is no
comprehensive research, the lack of scientific litera-
ture. The following Ukrainian scientists were engaged
in the research of this topic О.О. Gubanov, M.V. Zhush-
man, D.I. Zmitrovich, M.P. Ilnitsky, A.A. Litvinenko,
T.V. Lisnich, K.I. Lyudkova, Ya.P. Pavlovich-Seneta,
M.S. Rybak, M.V. Cutter and others.
Thus, the purpose of the article is to analyze the ori-
gins, development and formation of the state registration
system in Germany, since this country became the pro-
totype of the national state registration system. Having
analyzed and identified the strong positions of the state
registration system, it is possible to propose concrete ac-
tions for reforming the national state registration system.