It can be seen, therefore, that the Interpretation, Yuan No. 493, of the] Judicial Yuan seems to be in direct conflict with the spirit of law. embodied in Article 873 of the Civi Code. The contradictory interprota~ tion of the Yuan arises from the pellet that, before the regulations for the registration of rear property and the regulations for sale by auction have been promulgated, such precautionary "measures as called for by the Judicial Yuun seem to be warranted, 'The' fuct appears to have bean overlooked that regulations governing the registration of real property were recognized by the National Government as far buck as August 12, 1027. Since the Courts la Shanghai have dealt with registration cases according lo the above regulations. The continued observance of the! practice of registration under a set, of regulations, on the one hand, and, the definite repudiation of the letter: and spirit of the existing law, on the
Alsregard of the sanctity of the law.
er, indicate a distinct There have been other legislations enacted on the question of land rex istration. The law on the Rights of] Things under the Civil Code was promulgated on February 10, 1930 by the National Government, and became operative on May 5. On June 3 of the same year, the Land Law was promulgated, the second part of which deals with the problem of land Yeglstration. Article 32 of the said Law explains the term "land registra-ton," to mean the registration of land with Its attached fixtures. The pro sion. in essence is similar to Articles 66 and 758 of the Civil Code. Land registration within the meaning and Interpretation of the Land Law is in harmony with what is described in Section 1 of Article 3 of the Law fon the Rights of Things under the Civil Code.
It is, therefore, clear that such laws! relating to land and its registration have been codified and are in force There only remains the order of the Government to designate the places where they should be enforced. The organization for the carrying out of these laws, in Shanghai, should be the Land Bureau of the local city, government, or, under the Land Law, the organ in charge of land affairs "The Land Bureau in Shanghai has Leen established for a considerable period. With laws already codified and "an organization already in existence for their enforcement, if only an official pronouncement would make the City of Shanghai a territory for the enforcement of the said laws, the need for the mortgagee to awan 4 judicial decision before a sale by auction can be effected, would no longer exist.
There have been ways devised to expedite the exercise of the rights of mortgage. If registration has been according to prescriptions of law, and "the "right of mortgage established and authenticated, undue anxiety should not be caused over! the procedure of sale by auction, Jeven though the law governing the same has not yet been codified.
However, prior to the official pro~ Rouncement designating the City [Shanghai asa territory for the application of such laws, it is deemed necessary (0 pass certain provisional regulations to deal with the Procedure of land mortgages.
Text read from the printed page and cleaned; old type leaves the occasional error.