On The Registration Of Advance Notice

The registration of advance notice is an important constituent about the real right change of the estate (special movable property) and the registration system, which can safeguard creditor's right,protect transaction security,defend the market credit. The typical continental law system country and region like Germany, Switzerland, Japan and the area of Taiwan all adopt this system. Through efforts of many people, Real Right Law of our country was established on March 16 2007. This is the progress of our national legislation. But Real Right Law is epigyny law, its content of the registration of advance notice is abstraction, some content need discuss and integrity. In order to establish the perfect the registration of advance notice system, we need deeply research abroad legislation, and generalize the analyzing achievement of academician to amply ordain the system, in prospective real estate register law. The article discusses the registration of advance notice system and advances some advice for our real estate register system and Real Right Law.This thesis includes four parts:The first part is about elementary theory of the registration of advance notice. About the concept of the registration of advance notice, the academic circles have many different indications, but the connotation of all the indications is actually small. The registration of advance notice has four characteristics: particularity character, subordination character, antagonism character, provisionality character. There are doctrinal disputes about the quality of the registration of advance notice. Because the registration of advance notice has characteristics of the concurrently creditor's rights and the real right partial, it is difficult to determine it's nature in laws, we can think it can be a attachment of the register of estate, taking preserves to right of claim, and has certain effect of real right. The reason of setting up the registration of advance notice has close relation with the pattern of real right changing and the security value of laws. Moreover, gave registration of advance notice with official registration, dissension registration both to have the relation, and has the difference.The second part is about the registration of advance notice vertical legal regulation. The registration of advance notice start from the objection registration system which stipulated in the early Prussia law, and"German Civil Code"accepted the system, hereafter"Swiss Civil Code","Japanese Real Estate Registration Law"as well as"Land Law of Taiwan area"adopted it one after another .The stipulation of each national and the local not only have regularly in common, but also have the difference in detail. All of them can achieve the balance of the stable real right change. The author introduces the registration of advance notice of Germany,Switzerland,Japan and Taiwan area in this part, and has induced characteristics of the registration of advance notice in these nationals or area.The third part is about main content of the registration of advance notice. The registration of advance notice is suitable for real estate, such as land, house and so an, also suitable for special movable property. The scope of claim right include the right of appeal on the change and extinguishing of real right ,the right of appeal on the sequence ,the right of appeal with condition and deadline, the right of appeal on the special chattel and so on. The occurrence of registration of advance notice must have the corresponding conditions and overpass correspond procedure, and then the registration of advance notice namely has effect. The effect of the registration of advance notice is the system. The registration of advance notice has effect of preserving right of claim, effect of preserving sequence, effect of preserving right of bankrupt, effect of warming. The effect of real right change occurs when registration of advance notice become official registration, moreover, obligee maybe face the right defense of obligor. The registration of advance notice eliminates as long as the goal realization, the appeal right do not exist, the period of elimination pass by, establishment of objection, the right abandon and so on.The fourth part is about the introspection of registration of advance notice in our country. The registration of advance notice is expressed on local regulations, academician advice and Draft of Real Right Law in our country and established in Real Right Law on March 16, 2007. Author analyzes the provision of the registration of advance notice. Author think that we should base on the experience of foreign country and our country condition, then, we should stipulate the registration of advance notice in the real estate register system and Real Right Law. The author also put forward the legislation proposal to the registration of advance notice, such as the scope, the effect, the establishment, the elimination.