At present,there are more and more disputes about mortgage notice registration in China.Although the property law,the measures for the administration of urban real estate mortgage and the detailed rules for the implementation of the Interim Regulations on the registration of real estate have made general provisions on the registration of mortgage notice,but on mortgage advance notice registration validity problem does not provide a check for the certainty of law of dispute can be used to decide the specification,it is also because the mortgage of advance notice registration effectiveness regulation is missing,drastically caused the theoretical research and judicial referee views on the situation.In order to resolve the disputes between academic and practical circles and balance the interests of all parties in real estate transaction,it is urgent to improve the effectiveness system of mortgage pre-notice registration.Therefore,this paper takes the pre-sale commercial house mortgage pre-announcement registration as the breakthrough,combining with the current legal norms,theoretical research,judicial practice and the legislative experience of foreign laws on the effectiveness of pre-announcement registration,in order to provide Suggestions for improving the effectiveness of the pre-announcement registration of mortgage rights in China. |