Study On The Advance Notice Registration

The publicity of real right is to protect the transaction security through publiccredibility.The advance notice registration is one part of the system of real right’spublicity.Advance notice registration is the essence of the creditor’s right.China’srelevant laws and regulations of the notice of registration is not complete, only theright to preserve regulation, should improve the advance notice registration in itsscope of validity and the provisions on the integrity of a program.This article is divided into four main parts, about more than2.8words.The first part is an overview of the advance notice registration. Advance noticeregistration appears before the register, in order to preserve the right of requesting theproperty change.Its purpose is to preserve the right to request the transfer, the right tomake the real property do not exist, the right to request order change, the right torequest for the preservation of conditional or period of the right. Notice of theregistration of the value lies in the two aspects:safety value and efficiency value, theprotection of the security make up for the deficiency of the static security protection,balance between real rights and interests of bona fide third parties, so as to maintainfast and secure transactions.The second part is the nature of advance notice registration.On the nature of theadvance notice registration, academic calendar is controversial. There is creditor’sright, real right, creditor’s rights theory.In this paper, in favor of creditor’s right view:first of all, notice of rights registration claim no direct control of object; secondly, theproperty right of expectation is not equal to the right; third, advance noticeregistration only has the relative potency.The third part is the analysis of present situation of advance noticeregistration.Summarize and analyze them in effect, overall preservation for validity,enforcement action to register the name restrictions in three aspects of the similaritiesand differences from abroad and related areas of the advance notice registrationsystem.To our notice registration status quo, talked about for pre-sale of commercial housing registration, pre-sale of commercial housing contract for the registration andregistration are compared; think of our registration has two defects and managementsystem deficiencies, lack of provisions on the validity of the security force, Shunconfrontation enforcement and bankruptcy protection at the same time the, no unifiedimmovable property registration system, registration procedure is not complete.The fourth part is our registration improvement suggestions.According to theanalysis of the status of registration of caution in China, put forward to build andpre-sale of commercial housing matching the advance notice registration, includingthe balance between the interests of property buyers, developers and contractors andbalance the interests of property buyers; improve the scope of validity of registration,supplementary cis-position insurance total force, against the enforcement and brokeneffect check action; improving the registration management system, including theformulation of a unified real property registration law, the establishment of a unifiedregistration mechanism, improve real property registration review, perfect registrationcancellation procedures, clear notice registration procedures, the parties to apply foradvance notice registration time, submitted to the five aspects of material and theregistration authority approval process.Notice of registration with the maintenance of the credit market, to protect thesafety of transactions, safeguarding the rights of the parties and other functions.Thispaper through the theoretical basis of the registration, and demonstrates its has theeffectiveness of property right, but the right nature did not change the view.Becausethe "Regulations on the registration of property law" is too simple, a mere formality,this paper bases on the comparative study on the theory and practice of registeredGermany, Japan and Chinese Taiwan area forecast, on our registration procedure tocomb, try all regional registration legislation on the merits of mine in legal practice,made the registration validity scope and registration management system to improvethe proposed legislation, but also has practical significance.