Legal Status And Realization Path Of Pre-sale Commercial House Registration Notice In Bankruptcy Procedure

The Real Property Law,which was promulgated on March 16,2007 and implemented on October 1,that year,provided for the first time the advance notice registration system,which only stipulated its guarantee effect with one provision,and did not provide for other effects.When the Enterprise Bankruptcy Law was promulgated and entered into force,China had not yet introduced the advance notice registration system,so it did not regulate the legal status of the advance notice registration system in the bankruptcy process,leading to endless debates in the judicial and theoretical circles.In the commercial house pre-sale system,a reasonable buyer can only do registration in order to ensure that his creditor’s rights can be realized in the future.The law should recognize the buyer’s efforts to protect his rights.Recognition should also be reflected in bankruptcy proceedings.This article takes the contradiction judgement registered in bankruptcy proceedings as an introduction,analyzes the advance notice registration system in China from the legislative purpose,right attributes and right effectiveness of advance notice registration,and uses this as a basis to analyze the realization of advance notice registration claims in bankruptcy proceedings The purpose and priority in the settlement of bankruptcy debts attempt to demonstrate that the advance notice registration system should have legal status in the bankruptcy proceedings.This article has three main parts.The first chapter gives an outline of the article and the last chapter is the conclusion.The middle four chapter are the text,whose specific content is as follows:The first chapter introduces the problems caused by the vague legal status of advance notice registration system in bankruptcy proceedings,namely,whether the bankruptcy administrator has the right to cancel the advance notice registration and the advance registration of creditors’ rights in the settlement of bankruptcy debts.In order to clearly show the problems in the bankruptcy practice of the advance notice registration system,the author uses 2 methods,empirical analysis and cases analysis,to analyze and summarize the reasons for the judge’s decision.The next two chapters are the theoretical basis of this article.It introduces the legislative purpose,rights attributes,and right effects of the advance notice registration system.Only by determining what attributes and effects the advance notice registration system has,can it be further deduced that it is in bankruptcy.The due effect in the program lays the theoretical foundation for the following.The fourth chapter tries to analyze the realization path of advance notice registration in the bankruptcy procedure.Since the bankruptcy administrator can’t cancel the contract at will before,the author introduces different realization paths in different realization paths in different situations based on whether the right of advance notice registration is willing to terminate the contract.The fifth chapter is when the advance notice registration right holder is unwilling to terminate the contract and the contract objectively cannot continue to perform,at this time the advance registration of the creditor’s right in the settlement of bankruptcy debts.The author compares it with the priority of construction project price,employees’claims,mortgage rights and ordinary bankruptcy claims,and summarizes them.The last chapter is the conclusion,which summarizes and concludes the full text.