Research On Legal Issues Of Advance Notice Registration Of Pre Purchased Commercial Housing Mortgage

There are great differences in the judicial practice of the cases involving the advance notice registration of pre purchased commercial housing mortgage,and there are many views in the academic circles.The concept of mortgage notice registration should be clearly defined,as well as its nature,effectiveness and the difference and connection with the relevant registration need special research and analysis.Starting from the real judicial cases,this paper selects three representative cases from the communique of the Supreme People’s court,the retrial of Zhejiang high court and the second instance of Shenzhen intermediate people’s court as the starting point,extracts the focus of dispute,leads to the legal analysis of this paper,draws the research conclusions and puts forward suggestions.This paper is divided into three parts:The first part is the brief introduction of the case and the focus of dispute.Through the brief introduction of three typical cases,this paper puts forward the focus of controversy,that is,the nature of advance notice registration of pre purchased commercial housing mortgage,and the effectiveness of advance notice registration of pre purchased commercial housing mortgage.The second part is jurisprudential analysis.First of all,this paper gives an overview of the advance notice registration of the mortgage of the pre purchased commercial housing,and makes a comparative analysis with the relevant types of registration.Secondly,it analyzes the nature of the registration,and finally discusses the effectiveness,and analyzes the priority of the obligee.The third part is the research conclusion and enlightenment.It mainly summarizes the previous research,draws the conclusion of this paper,and on this basis,puts forward the legislative and judicial suggestions.