On The Issue Of Mortgage Right Notice Registration Of Presale Commercial House

With house prices increasing in recent years,the presale commercial house buyers are often unable to pay all the money in the process of presaling of the commercial house,so they need to loan from bank.And then,in order to realize creditor's,it's necessary to establish a mortgage right on presale commercial house.However,due to failing to achieve ownership,presale commercial house can be only applied for mortgage right notice registration.In February 2008,it be explicitly stipulated for the first time in Article 68 of "Housing Registration Measures".But it is a controversial issue in theory and practice that the holder of the mortgage right notice registration of presale commercial house has the priority of compensation on registered property.The first part is to summarize mechanism of mortgage right notice registration of presale commercial house and priority of compensation.This part mainly introduces concept,legal nature,legal force and transition of mortgage right notice registration of presale commercial house and concept,exercising conditions and exercising ways of priority of compensation.On legal nature,this part mainly analyzes five different viewpoints and affrms the theory of "real right tendency of creditor's right".On legal force,basing on comparing the regulations of Germany,Japan and Taiwan,China,this part analyzes relevant legal provisions in China's mainland.The second part mainly analyzes the existing problems of mortgage right notice registration of presale commercial house.In other words,there exist different sentences with the same case referring to priority of compensation of mortgage right notice registration of presale commercial house.This part summarizes five representative viewpoints by combining and then analyzes the above mentioned views combining theory and practice.The third part puts forward some ideas referring to priority of compensation of mortgage right notice registration of presale commercial house.In this part,it refers to provide uniform criterion and balance three parties' interests.And then,based on further analyzing judicial way of such cases,it is essential to take different approaches according to the defaults at different stages and the reason that mortgage right notice registration of presale commercial house is not transformed into real registration.