On The Right-Holder's Right Relief Of Mortgage Preliminary Registration Of Pre-purchased Commercial House

When the commercial house is pre-sold,most buyers will mortgage the pre-purchased commercial house and apply for a mortgage loan.Since the ownership of the pre-purchased commercial house is not obtained,the purchaser and the lending bank can only apply for mortgage preliminary registration.So,the lending bank also require the land agent to provide guarantee for buyers' mortgage payments,which is called Phased Guarantee.If the purchaser overdue the loan,lending bank often claim that they can exercise priority of compensation upon the mortgaged object for the reason of mortgage preliminary registration.And judiciary in different parts of our country have different opinions on the appeal.In order to study whether the right-holder claiming the priority compensation right is justified,and how to protect its rights relief,here are four parts to be described:The first chapter draws the focus of the study with a practical case,and sorts out the current view of whether the right holder could exercise the the priority compensation right.The third section of this chapter also analyzes the refereeing philosophy embodied in these current judicial disputes.The second chapter introduces the theoretical viewpoints related to the mortgage preliminary registration system.It is helpful for us examine to the dispute whether right holder have priority of compensation upon the mortgaged object from a theoretical perspective.The third chapter points out the trouble the right-holder may faced when they claim priority of compensation according to China's current legal system,for the lack of effective mortgage rights,violation of the mandatory norms and the dichotomy of material debts.Even if the mortgage relationship has been registered,and the right to possess certain property rights is formed,the current law only regards it as creditor's rights,and does not apply the property right claim system to protect it.The fourth chapter provides suggestions for realizing the rights relief of right-holder in the future.Firstly,the right holder may start to realize the creditor's rights from the stage guarantee provided by the land agent.Secondly,in the event that a request for registration of mortgage is obstructed,remedies may be obtained from three different ways:the right to register the claim,the responsibility for breach of contract and the right of protection of expectation.The third is to improve the legislation and break the institutional dilemma that right-holders advocate for priority compensation,and provide more ways to relive their rights.