Advance Notice Registration System In Real Estate Transaction

Pre Registration System in Real Estate Transaction is important in civil law system. Depend on principle of public announcement and trust, registration proves to be an vital part to indicate the changes of real estate property right which separates the transaction behavior and the alteration of real estate property and make them different in nature and effect. To weaken the risks of the creditors before the completion of registration, the advance notice registration system emerges as the times require.In China, relevant laws and regulations have made some preliminary provisions of advance notice registration system, however, these provisions are of high generality and there are still some omissions in the process of practical experience. Since March 1, 2015, Provisional Regulations on the Registration of Real Estate had been formally promulgated and implemented. These regulations carried out more specific provisions and made registration behavior more normative. Though these provisions bring great convenience, the contents of the advance notice registration are still rarely involved in them. In February 2016, the Supreme People’s Court released Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of ‘Property Law’,(a). It made a list of supplementary on protections of the rights of property and made an explanation of the situation Elimination of debt. It was seen as a breakthrough on the process of China’s pre registration system.In China, to establish the registration of advance notice is mainly in order to solve the problems arising from the pre-sale of commercial housing. With the development of social economy and the innovation of transaction models, other business style has become a common phenomenon besides pre-sale of commercial housing. In order to protect the legitimate rights and interests of the owners in the nontraditional real estate transaction procedure, there are still a lot of space to be studied and improved in the real estate registration system, especially the advance notice registration system. Therefore, this paper aims to analyze the origin and development of this system, make a research on the content of advance notice registration in our country and propose some proposals of improvement.The first chapter illustrated the origin, development, values and classifications of advance notice registration and enumerated some different opinions about the nature of this system.The second chapter carried out some comparative study of advance notice registration. It analyzed the legislations in German, Japan, Switzerland and Taiwan area aiming at giving a brief introduction of the objectives, effects and characteristics of advance notice registration in above countries or regions.The third chapter focused on the advance notice registration in China and introduced the legislative provisions of it including local legislations, regulations in Property Law and Provisional Regulations on the Registration of Real Estate. Besides that, this chapter researched on the purposes of legislation, functions, and components of this system in China based on above provisions.The last chapter combined the laws and regulations of advance notice registration and some real estate transaction models in China and proposed some suggestions of improvement in practical operation.