The Research On The Real Estate Preliminary Registration

The national congress passed Property Right law: it was the first time that our country established real estate preliminary registration system. And the establishment of full real estate preliminary registration system is need the correspond system to be constructed. It was more than one hundred years since the real estate preliminary registration was established in foreign country. We could learn more from other countries'mature real estate preliminary registration.What was the legal character of real estate preliminary registration system? It was always the bone of contention. The precondition of the argument that the formal character and the essential character of the real estate preliminary registration system is two different questions. The essential character of real estate preliminary registration system viz. the character of right which was the preliminary registered is the essential of the question what was the legal character of real estate preliminary registration system. The essential character of the request right to property right alteration is still the creditor's rights. For the purpose of protect the safe trade, law vest it the right to counter the third party. By the analysis to the character of the real estate preliminary registration system, it could be concluded that the structure of property right and obligatory right was divided in traditional civil law is not benefit to identify the essential of law system, and it will limit the use of some law systems. It will benefit us to realize the real estate preliminary registration system by criticize to the traditional structure.German scholars used to consider there are three effectiveness of the real estate preliminary registration: assured effectiveness, precedence effectiveness and content effectiveness. This theory was called t theory of three-effectiveness. And Japanese scholars consider beside the three above effectiveness, the fore notice effectiveness should be included. This theory was called t theory of four-effectiveness. By deep analysis to the assured effectiveness, precedence effectiveness, content effectiveness and fore notice effectiveness, it could be concluded that the theory of four-effectiveness is better reflect the function of the real estate preliminary registration. In addition, understanding to the effectiveness of interlocutory action is helpful to research the effectiveness of the real estate preliminary registration.The seller and buyer of the real estate finished the distribution of right first time in the gambling of entering into the contract. And the process of the real estate preliminary registration is the process of re-gambling by the parties. Similarly, the lawmaking process of the real estate preliminary registration system is also the gambling process by interested parties in macro lay.By analysis to the property law, we could have a whole cognition to the real estate preliminary registration system. Such as by analysis to the alteration mode of property right in the property law, we could know the character and ranger of real estate preliminary registration system in our country. The property laws only provider principle of the real estate preliminary registration system, the implement of the system should be realized by make the corresponding laws and regulations. When making the corresponding laws and regulations, following questions should be noticed: 1. Clear the apply ranger of the system: 2. Setup uniform registration organization: 3. Setup integrated real estate preliminary registration program: 4. Setup essential examination system to real estate preliminary registration: 5. Setup liability system to the registration organization.