Research On The Advance Notic Regist In Real Property

As the institutional basis of the property law, the preliminary registration system of real estate plays a predominant role in the property law. The registration system, a public method of real estate rights, is directly related to the acquisition and exercise of real estate rights and it provides the legal protection for the rapid circulation and safe transaction. The preliminary registration system is a core element of the whole real estate registration system, so the construction of a perfect preliminary registration system is essential to establishing a sound and unified real estate registration system. This paper first horizontally compares the effectiveness and application scopes of the real estate preliminary registration in other countries and regions with sound registration systems as well as the characteristics of the real estate preliminary registration system, and then enumerates the advantages that can be followed by our country. Subsequently, this paper further analyzes the current status and limitations of the real estate preliminary registration system to improve the present real estate preliminary registration system in China.The academic theoretical study of the real estate preliminary registration is still not popular among scholars. Because of its professionalization, technicalization and a poor theoretical foundation, the study and elaboration on the important and difficult theoretical problems is relatively less in this field. In terms of the current situation of legislation, the laws and regulations currently in effect has only made the principle stipulation for the real estate preliminary registration system with a lot to be improved. In this background, this paper explores the real estate preliminary registration system from three perspectives: legal force, application scopes and the procedures of the real estate preliminary registration. The first chapter first discusses the right preservation effect, the sequence preservation effect, the bankruptcy preservation effect and warning effect of the real estate preliminary registration system from perspectives such as comparative research, national review and the exploration involving the judicial practice issues and it further puts forward the improvement strategies according to the actual situations in our country. The second chapter makes a detailed statement of the application conditions in the foreign and domestic real estate preliminary registration from perspectives such as comparative research, national review and improvement strategies and it then puts forward the feasible direction for the current Chinese real estate preliminary registration according to the relatively narrow application scopes. The third chapter learns from the sound preliminary registration procedures in other countries(regions) and finally puts forward the improvement scheme by listing the limitations of the current Chinese real estate preliminary registration procedures and reflecting on the reasons of excessive lawsuits in the judicial practice.