The risk factors of the land registration system in Mongolia
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This research is based on the assumption that a formal and developed system is necessary to unified registration for land and buildings in order to provide security for owner rights and for foreign investment and other immovable property rights related to landownership. An immovable property registration system is an important tool for a market economy to work properly, as well as for sustainable management of land resources in dual registration, divided conveyance; a separate hypothec regulation represents an unplanned byproduct of Mongolia’s legal and economic transition. In other words, this is the end result of the socialist ideology, centralized economy, the restricting of private property, and also traditions of state monopoly on land. Mongolia faced a difficult task in creating a registration system for immovable property and title assurance because for most of the nation’s history the private or commercial ownership of land was prohibited. Over this past century Mongolian society has undergone several transformations, each one of which would bring significant changes in property laws. Compared with other countries, the land issue of Mongolia, as a country with livestock husbandry is based on a nomadic life style of herders, which unique and led to land remaining in the exclusive domain of the state. With the collapse of the socialist system, the role of private property began to change. The most important change concerned the right of non state actors to own and possess rights in immovable property occurred when privatization was allowed for apartments and land. The Civil Code defines immovable property as land and objects firmly connected to the land (permanent fixtures) that can not be moved without causing damage. Although, Mongolian civil laws treat land and permanent fixtures attached to the land differently, the definition of immovable property encompasses both types of property. Historically, people could own permanent fixtures as personal property, but only the State could own land. In spite of the abolition of the state monopoly on land in 2002, this separate ownership remained valid in the current legislation. Although this divided system is leading to duplication of effort and more time consuming process of land than might otherwise be necessary, under legal and economic reform the dual registration system is introducing in some transitional countries like Mongolia. It is important that these divided conveyance brought into one unified system. The divided conveyance and dual registration system introduce an extra layer of complication into the property system.
Abstract
This research is based on the assumption that a formal and developed system is necessary to unified registration for land and buildings in order to provide security for owner rights and for foreign investment and other immovable property rights related to landownership. An immovable property registration system is an important tool for a market economy to work properly, as well as for sustainable management of land resources in dual registration, divided conveyance; a separate hypothec regulation represents an unplanned byproduct of Mongolia’s legal and economic transition. In other words, this is the end result of the socialist ideology, centralized economy, the restricting of private property, and also traditions of state monopoly on land. Mongolia faced a difficult task in creating a registration system for immovable property and title assurance because for most of the nation’s history the private or commercial ownership of land was prohibited. Over this past century Mongolian society has undergone several transformations, each one of which would bring significant changes in property laws. Compared with other countries, the land issue of Mongolia, as a country with livestock husbandry is based on a nomadic life style of herders, which unique and led to land remaining in the exclusive domain of the state. With the collapse of the socialist system, the role of private property began to change. The most important change concerned the right of non state actors to own and possess rights in immovable property occurred when privatization was allowed for apartments and land. The Civil Code defines immovable property as land and objects firmly connected to the land (permanent fixtures) that can not be moved without causing damage. Although, Mongolian civil laws treat land and permanent fixtures attached to the land differently, the definition of immovable property encompasses both types of property. Historically, people could own permanent fixtures as personal property, but only the State could own land. In spite of the abolition of the state monopoly on land in 2002, this separate ownership remained valid in the current legislation. Although this divided system is leading to duplication of effort and more time consuming process of land than might otherwise be necessary, under legal and economic reform the dual registration system is introducing in some transitional countries like Mongolia. It is important that these divided conveyance brought into one unified system. The divided conveyance and dual registration system introduce an extra layer of complication into the property system.
참고문헌 (49)
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