Research On The Institution Of Advance Notice Registation In China

In the process of real estate transactions, there is time lag betweenreaching a trade agreement and acquiring ownership of a house. Thisphenomenon provides the objective condition for a house which can besold twice or even many times. This not only seriously damages theinterests of the buyer, but also disturbs the marketing order. This behaviorviolates the principle of good faith. In order to protect the right of thebuyer, the institution of advance notice registration was finally written in“Property Law”after several argumentations. As supporting regulations,“Housing Registration Measures”,“Land Registration Measures”andother normative files were enforce after the released of “PropertyLaw”.However, there are many defects about the institution of advancenotice registration in China at present, such as the limitations of theoccurrence conditions, scope, effectiveness, defense for registrationobligor, eliminate reason and procedure with pin. These defects have noway to meet the needs of the real estate transaction activities in practice.In order to make up for the deficiency, we can learn much we can learn much from the institution of advance notice registration in part ofthe civil law countries and regions. Specifically," preliminary injunction"should be added into occurrence conditions of advance notice registrationbeside the consent of the obligor; advance notice registration shouldapply to not only real estate but also creditor’s rights that have additionalcondition or are not yet due and special movable property; theeffectiveness of should expand to preserve the sequence, to protectbankruptcy and to eliminate the effect of the enforcement procedureexcept preserving property rights. Meanwhile, we can also add thedefense of obligor to balance the obligee and obligor so as to achieve themaximum value of advance notice registration system. Besides, theintegrity of advance notice registration should be improved fromprocedure, such as refining eliminating causes and adding obliterationprocedure of advance notice registration.