Study On The Scope Of Application And Effectiveness Of The Advance Registration System For Real Estate

As a young real estate registration system,the advance registration of real estate plays an important role in the registration of real estate.The system of advance registration of immovable property has its roots in early Prussian law and originated in Germany.There is much academic controversy over the understanding of the concept and nature of the system of advance registration of immovable property,and an in-depth analysis of its concept and nature is the first step in studying the system of advance registration of immovable property.In this regard,we will analyse the provisions of the Civil Code of the People’s Republic of China concerning the registration of advance notice of immovable property in China and,in the light of the actual situation in society,the scope of application of the system of advance notice of immovable property in China is limited to agreements for the sale and purchase of houses and other agreements in rem.The scope of application and effectiveness of the advance registration of immovable property in Germany,Switzerland and Japan is the most representative legislation,and the scope of application and effectiveness of the advance registration of immovable property in these countries is reviewed in order to learn from their useful legislative experience.In the process of improving our real estate advance registration system,we should appropriately expand its scope of application,clarify the effects between the advance registration system and non-legal acts such as state expropriation,and improve the provisions on the subordinate preservation effect and bankruptcy protection effect of our real estate advance registration system.This will make our real estate advance registration system more comprehensive,specific and operable,so as to give better play to the function of the real estate advance registration system in safeguarding the safety of transactions and promoting the prosperous development of our real estate transaction market.