Research On The Advancregistration Syetem In Real Property

The advance registration system is a kind of the registration system with the aim of asking for rights for protecting the alternation of real property before long. As a special real property rights registration, the advance registration system is an important property rights system in the civil law. By using property rights, it is a system of solving the problem of the double buyers in real property, which can prevent and reduce the dispute. There are legislative rules about the advance registration system in the civil law in many countries, such as Germany, Japan, Switzerland, South Korea and Taiwan of China. They use it for preserving the creditor's rights in the alternation of real property.As present, China has no clear legislative rules about this system and just stipulates the advance registration system of real property in the new Civil Law Draft.. The study of the advance registration system has its theoretical and practical significance at the time of drawing up Chinese property rights law.The article is composed of the following parts: preface, basic theory of advance registration system, various countries' legislation structure of advance registration system, main contents of advance registration system, system designing and conclusion. In the first part of the article, the author discuses the basic theory of the advance registration system in real property .The author mainly introduces the sources of advance registration system, the concept of advance registration system, the nature of advance registration system, the value of advance registration system and the function of advance registration system and gives the analysis of various theories. In the second part of the article, it studies the various countries' legislation structure ofadvance registration system by comparatively analysis. That is, the author introduces the German, Japanese, Switzerland, South Korea, Taiwan' advance registration system and their the different rules of the advance registration system in real property. The third part of the article, the author introduces main contents of advance registration system, namely, the scope of application of advance registration, the effective conditions of advance registration, the effect of advance registration and the change of advance registration. The forth part of the article, according to the present situation of China, the author discuss the necessary of making advance registration system in our country. The fifth part of the article is the focal points. To make an analysis of the upper parts, the author provide several thoughts of stimulating advance registration system of real property : (l)On the model of legislation, basing on the legislation experiences of other counties and our concrete situations, the author advocates acomprehensive model-----the system will be stimulated both in the civil law andspecial law. (2)On the structure of the content, the author advocates the system should be concreted and the national land right of use and the land rights of management should be put into the range of advance registration. (3) On the effectiveness of the advance registration, the author advocates providing clear stimulation for the beneficiary and duty man of the advance registration system, and list the necessary documents of applies advance registration system. (4)On the effects of the advance registration system ,the author suggests to adapt briefly and enumerate legislation structure and stimulate the effect of preservation of the advance registration system of real property. (5)On the losing effect of the advance registration, the author advises a comprehensive regulation for various situation of losing effect of the advance registration.As a whole, the registration system in real property has a close relationship with people' life. It is the vital matter of immediate urgency that making and perfecting our registration system in real property. Therefore, According to the condition of our country we should absorb advanced experiences of foreign countries so that we can really perfect our property law system and make our economic develop.