Research On The Effective Of The Registration Of Advance Notice Of House Per-sale

The advance notice registration system first originated in Prussia and was later used by countries such as Germany,Switzerland,South Korea and Japan.China also accepted and established this system.It is mainly used in the pre-sale of commercial housing as a change of property rights.The auxiliary system aims to preserve the future realization of real estate rights.However,due to legislation in our country is too crude and operational,there are many problems in the application of the law.Therefore,this paper chooses the methods of comparative analysis,value analysis and empirical research methods,combines the experience of legislation outside the country,the characteristics of pre-sale commercial housing,and the results of typical case judgments,and systematically analyzes and discusses the legal effects of the advance registration of pre-sale commercial housing in China.From the perspective of the interpretation theory,this paper analyzes the effectiveness constraints of the coordination and interaction between pre-sale commodity housing advance notice registration system and other relevant legal systems in judicial practice.The concept of pre-sale housing of advance notice registration is the starting point of studies,therefore,this paper,starting with the definition of concept,summarizes the characteristics of pre-sale commercial housing advance notice registration from the general concepts of advance notice registration,and gives a comprehensive identification of its connotation from the aspects of protection objects,protection means and protection purposes,and provides a theoretical basis for the analysis of the nature of pre-sale housing advance notice registration.According to the research results at home and abroad,the nature of the advance notice registration mainly includes the theory of independent property right,the special registration system,the theory of creditor’s rights and the theory of property right.This article,through the analysis and comment on these theories,and combining dependence,provisionality and exclusivity of the advance notice registration which are different from the general characteristics of the registration,open to booking commodity house is determined the nature of the advance notice registration,namely the validity of the registration of debt secured claims,but this kind of the effectiveness of the real right nature doesn’t change the nature of its bonds.In addition,there is a dispute about the rationality of the pre-sale commercial housing as the object of the advance notice registration,which mainly exists affirmative and negative,so this article needs to define this problem and lay the foundation for the follow-up discussion.As a new system of transplant,there are many problems in both theory and practice.It is necessary to learn from the mature foreign legislation to examine the problems of the legal effect of pre-sale housing notice registration in China.This article mainly introduces and compares the relevant legislation of the legal effect of the advance notice registration in Germany,Japan,Switzerland and the Taiwan area of China,and summarizes the legislative inspiration of the validity of the pre-sale housing advance notice registration in the mode selection and scope application in China.On the basis of the results of the case referee,this paper analyzes the problems in the legislation and practice of the pre-sale housing advance notice registration in our country.Finally,corresponding suggestions for the above problems are put forward so as to better exert their functional value and achieve the expected state of application.