Research On The Effectiveness Of The Real Estate Advance Notice Registration System

Since the real estate notice registration system was established in the "Property Law of the People’s Republic of China"(hereinafter referred to as the "Property Law")in 2007,it has played a positive role in regulating China’s real estate rights change system and improving the housing transaction market.The advance notice registration uses the request right for the change of the real estate right in the future as the object of preservation,and the purpose of the registration of the object of the change of the property right is finally achieved through the intervention of the precautionary measures for the disciplinary action of the registered obligor.The immovable property advance notice registration is a temporary property right registration method,and its effectiveness is concentrated on the party’s completion of the notice registration to the completion of this registration,during which time sufficient preparations are provided for the parties who do not have the registration conditions.One of the important reasons why the notice registration system is favored by the parties.After the introduction of the immovable property notice registration system in China,other relevant laws and regulations have made a series of matching regulations on the basis of the "Property Law" for the procedural norms of the system,but unfortunately,there is no complete regulation on the validity of the notice registration.More omissions,such as whether the advance notice registration has the effect of order preservation and the effectiveness of the obligor after bankruptcy,need to be supplemented at the legal level to make it work better.In this paper,through the comparative study and analysis of the research methods,under the premise of sufficient theoretical and practical reference,the effectiveness of the notice registration has been studied one by one.This article is divided into four parts.The first part takes the basic theory of advance notice registration as the entry point,discusses the different understandings of the meaning and nature of the notice registration,analyzes the history of the notice registration system in China,and clarifies the foundation of the system established in China.The second part takes the effectiveness of the notice registration as the core object,and compares the different regulations on the validity of the notice registration in Germany,Japan,Taiwan and China,and analyzes the three effects of the notice registration,and further the relevant regulations.Investigation and analysis will help to discover the shortcomings of China’s effectiveness in the system,and lay atheoretical foundation for China to improve the effectiveness system.The third part takes the defects of the effectiveness of China’s real estate advance notice registration system as the research goal,and puts forward the shortcomings of the real estate advance notice registration in China before the status quo of China’s current legal regulations.Based on the comparative investigation,it proposes the next step for the next step.The perfect recommendations for the effectiveness of registration have been laid down.The fourth part is based on the author’s suggestion on the effectiveness of China’s advance notice registration.He put forward his own suggestions and legislative ideas on how to improve the effectiveness of China’s real estate advance notice registration from different aspects,in order to further improve the system of property rights change in China.In particular,the effectiveness of the registration of real estate notices will play a certain reference role in the continuous improvement of future legislation.