On Advance Registration System In The Local Community Building

As a special form of the property rights registration, preliminary registration system contribute, significantly, to maintain the orders of the estate exchange market and protect the creditor's interests. The legislator has introduced the preliminary registration system into the new Property Law recently. Based on an in-depth study on this system, this article will discuss in detail its constructing, perfecting and applying in China. This article consists of four parts.The first part will analyze the needs to build the preliminary registration system. Since 17th Century, aiming at prevent the creditor' property transfer intention unsatisfied, several civil-law system countries had introduced the estate preliminary registration system to endow the creditors with the force of real right against the obligator's unilateral disposal. The preliminary registration system also serves the aim of decreasing transaction cost and promoting the market credits. In china, the estate markets are rather out of order; especially the phenomena of "one house being sold to two people" injure the purchaser's interest gravely. The existing registration system of presale contracts for commercial house is, however, merely a exam means used by the administration towards house presales, which have not provide the forces against other creditor's right, so it is quite different from the preliminary registration system. Consequently the preliminary registration system should be prescribed soon to solve these practical problems and ensure the market economy develops healthily and orderly.The second part will introduce and analyze the relevant theories about the preliminary registration system. Differing from the standard registration, the preliminary registration is to register in advance to protect the purchaser's right of transfer claim while the conditions of transfer are not achieved yet. Additionally, the preliminary registration is different from the dissention registration through different rights, preconditions and forces. There is a debate on the essence of the preliminary, which include the security interest theory, the guaranty measure theory, real right theory, and so on. This article considers the preliminary registration as a guaranty measure of obligation to protect the fulfillment of the creditor's right. However, as a result, the preliminary registration endows the creditor's right some real right characters. The preliminary registration is, in fact, designed to ensure the creditor acquire the real right, so much similar to the take-possessing right of property.The third part will discuss the prime content of the preliminary registration system, including the issues such as establishment, movement, and force. The preliminary is designed to protect the creditor's rights in most countries, while is designed to protect the real rights in Japan. Via the content of the parties, the preliminary registration could be made by the court's sentence, by the pre-disposal declaration, or by the register under the court's requirement. According to the estate registration's exhibit and credit force, the preliminary registration also could be required through protect the bona fide purchaser. The preliminary registration of a real estate holds the forces of right guaranty, order guaranty, protection from bankruptcy and precaution.The last part will discuss how to perfect the preliminary in our country. The new Property Law has prescribed the preliminary registration in the article 20, which include the applying bound, establishment, forces and out of forces. The content of this system is comparatively in integrity and has the positive significance, at the same time, it need further perfecting through judicial interpretation or special law on the real estate registration to regulate the procedure and order, expand the applicable range and detail the transition from preliminary registration to standard registration.