Study On The Legal Effects Of Pre-purchased Commercial Housing Mortgage Advance Registration

Pre-purchased commercial housing mortgage advance registration is an important supporting mechanism for the pre-sale of commercial housing.The law has few provisions on its legal effect.Only Article 221 of the Civil Code stipulates the effectiveness of guaranteeing the realization of real rights in the future.Although my country’s advance notice registration system is borrowed from Germany,because Germany does not have a commercial housing advance sales system,which is quite different from my country’s local national conditions,there have been controversies concerning related legal effects.In particular,there are divergent opinions on the issue of whether the advance notice registration of mortgage rights has the priority effect of compensation,whether it is in judicial practice or academia.This article mainly studies the legal effect of mortgage advance notice registration.Start with the focus of the dispute in the "Bank of Communications Liushi Sub-branch and Huang Huna Financial Loan Contract Dispute" ——Whether the right holder of mortgage advance notice registration has priority to be paid.Randomly selected relevant cases from five provinces and cities for empirical analysis.Summarize the results of handling related issues in judicial practice and the reasons for the judgment.It is found that there are some problems that confuse the mortgage advance notice registration with the mortgage registration,the mortgage of the project under construction,and the problem of unclear understanding of the legal effect.By analyzing the theoretical basis of mortgage advance notice registration,we realize that mortgage advance notice registration has both creditor’s rights and real rights,and it is still creditor’s rights in essence.Therefore,the mortgage advance notice registration can’t produce the effect of establishing mortgage right,and can’t directly enjoy the priority of compensation just because of the mortgage advance notice registration.However,the failure to recognize the priority of the obligee of mortgage advance notice registration makes it difficult to protect the interests of the obligee.By using the method of value analysis,the author demonstrates the legitimacy of giving priority to the obligee with conditions,and puts forward specific legislative suggestions accordingly,hoping to better solve similar cases on the basis of balancing the interests of all parties.