Research On Advance Notice Registration Of Real Estate

Along with the development of the economy, the risks of trading have been magnified, especially in the trading of high value property, such as real estate. In such situation, people have to face the issue of how to secure their credit; the setup of advance notice registration of real estate is to realize the creditor’s claim based on real estate transaction. It has been quoted by a lot of other countries and areas, such as Japan, Switzerland, and Taiwan of our country, since finalized in "German Civil Code"; it has already developed into a mature system. However, advance notice registration is a novel system for the China’s mainland, though it has been involved in some local legislation since 1990s; it is established until the issue of "the Property Law of People’s Republic of China". As a new system introduced, it is necessary and positive to discuss about it during the fitting period.This thesis, probes deeply into the character, effectiveness, relative local legislation of the advance notice registration, based on reading and searching the documents and data, consulting the lawmaking experiences of Germany, Japan, and Taiwan region, combining the legislation of China’s mainland, and using several analyzing means. There are all together four chapters.Chapter one is about the brief introduction of the advance notice registration, introducing the whole history of the system, and defining the system by comparing and analyzing the theories of different experts, to setup the base for following explanations. Chapter two is the important chapter of the thesis, which is analyzing the effect of the advance notice registration. Based on comparing the different regulations of some main countries and areas, this chapter gives the conclusion that only in the circumstance that the creditor having legal right, possessing the sequence, then the function of advance notice registration can be realized. On the basis of comparing the different system in German, Japan, and Taiwan area, analyzing the real situation of the China’s mainland, the writer considers that the system of China’s mainland is far from perfection, and eagerly need to be perfected.Chapter three probes into the definition of the rights being registered advance, which is the most difficult part for the writer. Comparing three different theories, which are property theory, medium right theory, and the credit theory, the writer, basically agrees with the credit theory-the rights being registered advance is still a creditor’s right, belonging to the relative legal relation.Chapter four explains the advance notice registration of China’s mainland. The writer divides it into two periods to analyze, which is before property law period, and after property law period. The emphasis given to the after property law period, the writer discuss about a series flaws of the advance notice registration of China’s mainland, such as the scope of application, procedure, and gives his own opinions about how to improve the system.