A Study On The System Of The Advance Notice Registration

The advance notice registration is that client looks forward to the real estate property as a result of changes in the conditions under which party has not yet achieved final and can not be pre-registered for the preservation of property rights in the future to obtain the right to request or pick and voluntary registration for the time being, which began in early Prussia Laws secured provided for in the registration of a type of objection - objection inherent in the registration, in the shape of the German Civil Code, Civil Law referenced by a number of countries and regions.The value of the system of the advance notice registration is that it approves the expectations in the real estate property rights enjoyed by creditor and to a certain extent, adopts restrictions on ownership and other people's property disposition, and the balance of the property of their respective creditors Interest to prevent the transactions shown real property against acts of good faith to ensure the normal trading activities, the reduction of transaction costs.The advance notice registration aims to promote change in the real estate property for the content of the request of the creditor the right to be achieved. So the effect is to preserve the right to request of the creditor's rights, as demonstrated by the restrictions on real estate property's disposition, preservation of the advance notice registration rights future property bit of priority, as well as the effectiveness of bankruptcy protection. Due to the advance notice registration took place from the real property claims in the future to the process of transformation. It is difficult to attribute their legal simple as it can put its logo for the protection of property rights and the right to request changes for the purpose. The property has the effect of the security device.The advance notice registration with the attendant, it can not be transferred separately, as it should be secured so that with the right to request or based on other laws of the reasons for the transfer and the transfer of the right to request access to people. Moreover, the transfer should also follow the principle of the right of publicity; otherwise, the advance notice registration of the transfer will not be able to fight in the third person.The advance notice registration as a registered for the time being will eventually be advancing to the final registration or cancellation. The reasons why advance notice registration will be eradicate are that: 1, it is the eradication of claims or transfer, in order to rule out the contract the advance notice registration of transfer; 2, it is due to the advance notice registration on the basis of false disciplinary orders were canceled and eradication; 3, it is the change in the demand for real estate property conditions or achievements of the period after the session, as a result of a request just an effect of human rights obligations, the obligor and other interested parties the advance notice registration cancellation and eradication.Real estate the system of the advance notice registration in Germany and Switzerland are legislation based on code. In Japan and Taiwan is as a special case of legislation. Switzerland and France in the individual rights of the advance notice registration, restrictions on the disposition of the advance notice registration; the artificial requisition is equivalent of the advance notice registration. Compared with Germany, Japan clearly recognizes the advance notice registration for enforcement, and court decisions have a different effect. The advance notice registration of Taiwan has not the effectiveness of enforcement.Since the beginning of the last century, China's mainland has not the advance notice registration of the law. After several amendments, it was last seen in the Taiwan region of China Land Law. Mainland China's promulgation of Property Law before China's mainland in the uniform application of the law there is no the advance notice registration of the concept of the term. However, with China's sustained and rapid real estate development, especially in real estate financial services, driven by new pre-sale housing and mortgage and increasingly common in local legislation, there has been the advance notice registration, and when mature local legislation, the drafting of China's property law includes the system of the advance notice registration, so as to the ultimate legal In the form of real estate established the system of the advance notice registration.The shortcomings of China's real estate the advance notice registration: 1, the scope of application: China Property Law Article 20, paragraph 1, adopted a list of specific and general provisions of style combination, the provisions of China's real estate the system of the advance notice registration of the scope of the provisions outlined in the scope is too narrow by-laws for the duration of the conditions attached to debt claims, as well as real estate or change the priority of the right to request not to be clear, the lack of maneuverability. on the construction in progress Set whether the mortgage should be included in the advance notice registration of the scope of the legal profession in our understanding that there are also differences. 2, the force of law aspects: China Property Law not the advance notice registration with the preservation of the rights of People in the future property bit of priority for bankruptcy protection and two of the force of law to carry out the provisions, and the real deficiency; ban on real estate and the rights of people in the advance notice registration cancellation before any disciplinary action, will not be able to meet the complex and ever-changing Economic life needs will only increase the property of the people the opportunity to reduce transaction costs and the efficiency of. 3, transfer and the eradication of respect: China Property Law and the promulgation of the new housing registration were not involved in real estate the advance notice the transfer of registration; and the advance notice registration for the eradication of the law in the advance notice registration procedures for failure of the provisions of crude is still not operational.Suggestions of consummating the system of China's real estate the advance notice registration: I, the scope of application. The advance notice registration should cover the following categories: 1. Immovable property in order to preserve the settings, transfer, and change or eliminate to the right of the contents of the request; 2. Attached to the preservation of life or the conditions attached to debt claims; 3. Preservation of real estate or change the priority of the right to request. II, launched. 1. Intimation. By the advance notice registration application for the rights of people, by the obligation to apply for registration, the application could be met by the two Conditions. 2. Conditions. For the right to register to submit a notarized consent form should be submitted as the parties on the advance notice registration of the agreement. III, the force of law: It should be established real estate the advance notice registration for bankruptcy protection and preservation of the effectiveness of the effect. The advance notice registration after the punishment should not be absolutely null and void, and should be relatively appropriate and effective. IV, the transfer: the advance notice registration conditions for the transfer of: 1. the advance notice the transfer of registration with the transfer of debt at the same time, and claims may not be a separate transfer of separation; 2. the advance notice registration and the transfer of debt at the same time, must apply for the advance notice registration people the right to change the registration. 3. The advance notice registration of the similarly, do not have to transfer the advance notice registration obligations under the agreement, but should also notify the advance notice registration obligations were. V, to eradicate: Distinction should be the eradication of debt, the situation and be able to carry out real estate registration within three months from the date has not Application to register. The first case, such as whether the claims of both sides to eradicate controversial, the obligation to register people should be first priority to the Court of Appeal ruling by the court registry office on the basis of a first-priority decision write-off the advance notice registration; after A situation, due to be able to carry out registration of real estate, meaning rather vague, and can lead to final registration of the case can be said to be a lot, and even endless, it is necessary to determine when the registration office to conduct a final registration, registration Bodies can not do. Furthermore, three months is the establishment of a legal statute of limitations, and over whether the statute of limitations on the judge, should be determined by the court.