On The Effect Of Notice Registration

The institution of notice registration was stipulated systematically in the German civil code of1986for the first time. It is a special institution relating to the registration of real estate. Then it was recepted by most countries of the continental law system soon after. For instance, the dissenting registration in the Swiss law, the false registration in the Japanese law, and the notice registration in the law of Taiwan area of PRC. The purpose of notice registration is preserving the claim for the alteration of real property right, and assuring the claim of the obligee of notice registration can realize smoothly when it meets the conditions. It is the effect of notice registration which is the core of the institution of notice registration coming into play herein. From another perspectives, the effect of notice registration has a great impact to the third parties who were involved in the transactions as well. Therefore, it makes the institution of notice registration fits in with the institution of unjust enrichment and the bona fide acquisition institution, etc, and balances the benefits among different parties to the greatest extend. Hence, the effect of notice registration makes the institution of notice registration has its own special function, and it appears that it is necessary to research what types of effect does the notice registration have therefrom. Judging by the provisions in the law of extraterritorial countries and areas, it is generally acknowledged that the effect of notice registration includes the effect of right preservation, the effect of syn-position preservation and the effect of completeness. These effects endow the claim under preservation by the notice registration certain effect of real right which includes priority force, the force of removal of obstacles and the force of resource(under the registration antagonism code). Moreover, these effects are against the acts of disposition which hamper the smooth realization of the claim owned by the obligee of notice registration. That is the disposition of relatively invalid. It not only protects the benefits of the obligee of notice registration, but it also maintains the efficiency of market transaction, taking the benefits of the third party into account concurrently. Certainly, for the purpose of putting the notice registration into playing its function. It requires the advance existence of the notice registration. The substantial condition thereof, the right of claim, that is the object of notice registration, is essential. Because the range of the right of claim will determine whether the effect of notice registration could put its expertise to good use and protect the interests of the weak entirely. Furthermore, the rational confirmation of the range of the right of claim based on the special circumstances respectively is a necessary to considerate the interests of other parties. The range of the right of claim varies depending upon the difference of the mode of real right alteration. However, most countries have made detailed regulation over the types of the range of the right of claim. Although the laws and regulations in our country had formal stipulation over the institution of notice registration, it is far from completeness. For instance, the genres of effect of notice registration stipulated in real right law is single comparatively, the range of the right of claim is too narrow and there have no completely procedural regulation to protect the interest of the obligee of notice registration, etc. Therefore, it is hard to give full play to the institution of notice registration. Hence, the law in our country should be on the basis of our national conditions, drawing actively on the experience of other countries’ laws and regulations, completing the institution of notice registration, assuring the safety and efficiency of transaction in the market especially the territory of real estate.