Research On Advance Notice Registration Of Advance Sales Of Commercial Housing

Advance sales of commercial housing have played an irreplaceable role in accelerating our country's real estate market development since it was introduced into our country in the early times of 1990s. At the same time, some characteristics of it, which is different from that of sales of completed apartment, also bring a big risk to the advance purchaser. How to prevent the risk is not only an issue involved in protection of advance purchaser's right, but also an issue involved in orderly development of future real estate market of our country.In order to protect the interests of inferior creditor, many countries have established advance notice registration system designed to prevent the risk of the creditor's right. This system functions through endowing obligatory claim with the force similar to that of real right. In our county, to some extend, prevailing registration system of advance sales of commercial housing plays a role in protecting advance purchaser's right and preventing transaction risk. However, the system established under administrative idea is very different from the advance notice registration system. Many deficiencies in system design make it impossible to prevent properly the risk of the advance purchaser's right. In view of this, the Real Right Law Draft established advance notice registration system, which undoubtedly will be significant for protection of advance purchaser's right. However, the regulations connected with advance notice registration in the Draft still are deficient,...