Research On The Institution Of Real Estate Notice Registration

of special significance to guarantee the security of real estate transactions and promote the efficiency of transactions.This system originated in Germany and has been widely used in Switzerland,Japan and other countries and regions.China’s property law,determine the registration system in the form of national legislation.This is a milestone and a breakthrough for the development of the rule of law in our country.So far,this system has been established and implemented in China for ten years,which is also the period when China’s real estate market is booming.,unlike other countries,because the property law in China about the regulation of advance notice registration is still poor,practical operational is not strong,and the related system function overlapping,cohesion is not enough,such as all sorts of reasons,did not advance notice registration system in China with the development of the real estate market and widely used.This article mainly from two aspects: theoretical analysis and practical discussion,combing real estate theory of advance notice registration system,further analysis of the application of the our country real estate advance notice registration,misunderstanding between the judicial practice and explore the advance notice registration rights protection path,and puts forward Suggestions on perfecting the system of advance notice registration,hope to help to the regeneration of the advance notice registration system.This article is divided into five chapters:The first chapter the basic theory of real estate advance notice registration,the main combing the concept of real estate advance notice registration in different countries and regions,the comparative analysis of real estate advance notice registration with the registration,the dissidence registration,pre-sale registration,similarities and differences of the concept of the priority of compensation and other relevant laws,elaborates the concept of advance notice registration system.Chapter 2 the basic content of advance notice registration,mainly through the comparative analysis of relevant country or region,to make further detailed analysis of the advance notice registration.Chapter 3 is the establishment of the real estate advance notice registration system in our country,first elaborated our country to establish a real advance notice registration system of real demand(the legislative background),then analyzed the nanjing urban housing ownership registration ordinance,the Shanghai real estate registration ordinance of advance notice registration system,and extended to the property law in our country.Chapter 4 applies to practice real estate advance notice registration system in China,mainly for the advance notice registration system in the existing home trade,commodity house opens to booking,and the practice application of commodity house opens to booking a mortgage,are analyzed.Chapter 5 problems and improvement of advance notice registration system in China analyzes the problem of advance notice registration system in our country,puts forward the expanding scope of application,detailed provisions,improve the effectiveness,clear procedural rules such as opinions and advice.The property law to establish real estate advance notice registration system,build a bridge between creditor’s rights and property rights,to make changes to real estate property rights for the purpose of creditor’s rights can happen.But as a legal system,the trailer registration is not natural and has a wide application basis.Therefore,in the full understanding on the basis of system theory and value,need to integrate the advance notice registration system innovation,refinement rules to expand the scope ofapplication,perfecting regulations,in order to really play a role of its own,and achieve expected legislation.