Research On The Institution Of Real Estate Notice Registration

As an important guarantee system in acts of property of real estate, advance notice registration has been studied for a long time in foreign countries. As exotic,advance notice registration system in China started late and is simple compared with foreign countries whether in theoretical research or provision set. Although there are many theory monograph of scholars, most of them are different arguments and are or contradict or unable to agree on which is right for some of the more critical issues. In recent years, with the promulgation of Provisional Regulations on the implementation of the Provisional Regulations on the registration of real estate and establishment of Property Law Judicial Interpretation(1), the construction of China’s real estate registration system has stepped onto a new level, which also indicates that the research on the relevant issues of Chinese academic circles has set a new height.However, as for the the legal profession that is responsible for realizing the social fairness and justice, constant pursuit of reasonable and strict laws and regulations is also a basic professional spirit.On the basis of the basic theory of the registration system of the real estate registration, this paper analyzes and summarizes the legislative process of the registration system and legislative basis, and then makes in-depth analysis on the focus of the registration system of real estate registration. Through analyzing the core legislation of the registration system of the real estate registration and combing extraterritorial legislation, this papers makes an argumentation and summarizes the defects in all aspects. Lastly, basing on the basic situation in China and combining with the basis of the existing laws and regulations, the following suggestions are put forward: 1. To improve the content of the object of the registration of the notice, and to increase the mortgage of the building as the object of the registration of the real estate registration. 2. To reasonably correct the effect of intermediate sanctions, to adopt the principle of "relatively ineffective" and cancel the regulation “registration authority shall not handle ” for excluding registration barriers. 3. To improve theeffectiveness of the registration of real estate registration, to increase the regulation that in the presence of other restrictions on the coexistence of real rights, the registration shall be carried out in accordance with the notice of registration. 4. To improve the validity of the registration of non production notice in the conflict with the bankruptcy procedure and the compulsory execution, and to increase the request for the registration of advance notice shall be deemed to have been carried out in the property right of this registration. 5. To improve the provision on improving the situation of notice of registration, and to modify “no application within three months from the date of registration of the registration of real estate" to "since the advance notice registration rights of people should be aware of or knows that it can carry out real estate registration began, within three months without registration, declaring the advance notice registration no longer have the force of law",and so no.