Study On The Legal Issues Of Advance Notice Registration In The Advance Sale Of Commercial

The establishment of the pre-registration system is the objective need of the development of the real estate market in China,which is conducive to protecting the legal rights and interests of the pre-purchasers who are economically weak.It further regulates the relationship between the pre-sale person,the pre-order person and the third person,and effectively maintains the real estate transaction Market development and sound real estate registration law must be in the "Property Law" before the introduction of commercial housing pre-sale contract filing system for real estate pre-sale market supervision,but with the social forward,the filing system of the drawbacks more and more prominent,The emergence of the notice registration system has effectively promoted the orderly operation of the housing trading market,but as the exotic origin of Germany,its provisions are not particularly complete,this paper focuses on further standardizing the registration system,Form to explore,with a view to academic and practical operation to contribute their modest means.This article mainly from the "Property Law of the judicial interpretation of a" Article 4 and the "Property Law" Article 20,without the consent of the right to register the owner of the registration of real estate has been reported on the effectiveness of the behavior of the analysis.In this paper,the author will report the effectiveness of registration is divided into internal and external effects.In the internal effect,for the pre-order whether the person has been reported to the registration of the premises,from the legal and realistic point of view to draw their own conclusions,that is,under certain conditions allow the pre-order will have been registered to register the house to be allowed;In the external effect,for the registration of the house has been able to confront the court enforcement,from the notice of the nature and reality of the registration of the author agree with this attitude.The first case in this paper is from the point of view of the pre-sale registration and the registration of the pre-registration,the specific case and the court ruling in this case and the analysis of this,the second case is from the perspective of the effectiveness of registration,The key issues are summarized and summarized.One is the judgment standard of the notice registration system;the second is around the notice of the parties to the determination of the effectiveness of the parties to study,the two angles put forward a step by step to promote the link,so further based on China’s "Property Law" Article 20 and Article 3 of the Interpretation of Property Law provides a further understanding of the non-occurrence of the effect of the right of title,with a view to providing further guidance for the substantive referee.In view of the limitations of the article and the lack of knowledge level,the discussion and research of the system is not particularly in-depth,comprehensive,in the future work and life,the author will continue to work for the system more perfect contribution to their own Power.