| Under the current law, developers by commodity house opens tobooking licence and sign the contract for the sale of the person thatbuy a house, but not yet built because of commodity house, developerscan’t deal with the initial registration, incapable of property rightcard, lead to developers can’t timely and the person that buy a housefor building droit to register formalities, so, in a property rightcard before, developers could put the commodity house sold again hassold to a third person. in "a room two sell" case, if the third manwithout violation of the person that buy a house right before adeliberately, and with the developers deal with transferregistration, then the person that buy a house right will directlyaffected, especially in the soaring property prices cases, moreserious damage. Although the person that buy a house can accordingto the provisions of relevant laws to developers claim responsibilityof breach of contract, but with the expectation of the gap betweenthe ownership of the house very far. In the long run, certainly willinfluence the real estate market stability. "Property Law" in the advance notice registration systemestablishment, the purpose is to protect the commodity house opensto booking a process from bad developers "a room two sell" violationsof pre the interests of the people.advance notice registration bythe registration to the creditor’s rights with the real right of claimexclusive effect, make without the registration of the right holderagree to disposal action be nullified, ensure the smooth realizationof the registration in the future. Commodity house opens to bookingthe advance notice registration, produce the effect of the real rightpublic summons, wants to have people become the real right of aregistration creditors, limit the open to booking disposal actionagain, to protect the legal rights of the creditor. But,"PropertyLaw" too big to in the practice of the provisions of the effect tosell at a discount greatly, although subsequent "HousingRegistration Measures" to a certain refinement, but in the validityof the advance notice registration scope, the conditions, the advancenotice registration date some time, open to booking a man’s disposalaction effectiveness, this theory and practice there are still a lotof controversy. Based on the above problems as the starting point, this article expounds the advance notice registration to the existingcommodity house opens to booking system flaw perfectrecommendations.This article studies commodity house opens to booking the aimof the advance notice registration system, through the mainland legalsystem country legislation practice, on the analysis of the natureof the advance notice registration system, the effect of thefoundation, the union exile and in mainland China in the field ofcommodity house opens to booking, analyzes commodity house opens tobooking system and the integration of the advance notice registration,in order to find the best combining site, as an opportunity to playout the maximum effect of the advance notice registration, securitycommodity house opens to booking a smoothly.This article is divided into four parts: about30000words.The first part of expounds the commodity house opens to bookingthe basic theories of the advance notice registration system. Theadvance notice registration system originated from Germany, theearliest dates back to the middle ages Prussian law, in Switzerland,Japan and Taiwan area of our country in the civil law explicitly. The advance notice registration has expected nature, temporary,confrontational and the dependency features.Through the contrast inmainland China foreign and discusses current commodity house opensto booking system, suggested that our money into open to booking athird party custody system, improve the standards for admittance intoindustries, establishes the real estate development projectguarantee mechanism, etc.; Through to the registration, theregistration, open to booking a seizure registration and relatedconcepts to deepen our understanding of the commodity house opensto booking a distinction between the understanding of the advancenotice registration.The second part of this article discusses mainly the commodityhouse opens to booking of the advance notice registration systemcreate the basis and the effectiveness and the advance noticeregistration system have adjustment commodity house opens to bookinga unbalance of benefit present situation, prevent developers "a roomtwo sell" and so on the practical needs of the phenomenon. The authoranalyzed the research thinks that the advance notice registrationto open to booking and ordered the validity of the people in the relationship, does not interfere with the obligee rights cases; Inthe country the effectiveness of public power relationship, theadvance notice registration can eliminate court court decision, theeffectiveness of enforcement, but not eliminate the validity of thenational collection.The third part of article through to the "Property Law" issuedby the local rules and regulations before, as well as the "PropertyLaw" and "Housing Registration Measures" issued to advance noticeregistration after the related content analysis, thought thedeficiency of the entity has: the advance notice registration startconditions too harsh, advance notice registration use absolutelyinvalid socialist is unfair, the advance notice registration, thelack of the content of the advance notice registration starting pointin time have dispute, etc.; The program deficiencies: a lack ofpromoting the registration procedures and lack of advance noticeregistration scratched, etc.The fourth part is China’s commodity house opens to booking aperfect the system of the advance notice registration, the paper putsforward some physical commodity house opens to booking a perfect from the advance notice registration should be mandatory provisionsconditions to improve the effectiveness of the advance noticeregistration system needs to determine the advance noticeregistration date time points up from the program should be increasedpush this registration procedures increase the advance noticeregistration scratched the provisions of the real estateregistration agencies to establish a unified as soon as possible realestate registration compensation fund system and so on, to perfectthe commodity house opens to booking a advance notice registrationsystem.Based on the commodity house opens to booking a advance noticeregistration for the study, using lateral comparison method, thevarious countries and regions of the commodity house opens to bookingsystem carries on the comparison, also use the longitudinalcomparison, the advance notice registration system of the origin,development and status quo, and through to the "Property Law" and"Housing Registration Measures" in relevant system evaluation, andpointed out the current registration system the insufficiency andthe defects, and proposes some Suggestions and ideas. The author suggest commodity house opens to booking a advance noticeregistration shall take compulsory, add the advance noticeregistration scratched provisions and other measures, and innovationto put forward to establish real property registration compensationfund system, make up for the defect of the existing legal system.But between time and space constraints and I am learning factors ofcommodity house opens to booking the study of the system of theadvance notice registration are to be further, especially forcommodity house opens to booking the Suggestions for improving theadvance notice registration is very shallow, the author will alsocontinue to research and exploration. |
