Research On The System Of Advance Notice Registration

Prenotice registration has an important position in the real estate registration system,which stipulates how to realize the correct right change in the real estate transaction.It is designed to ensure that the buyer’ s expectation of ownership of the house is not impeded if the conditions of registration are not fulfilled,or if the procedure is not completed.Notice registration has long been an important part of real estate registration system in representative countries or regions of civil law system.With the implementation of the Civil Code of the People’ s Republic of China and the Interpretation of the Supreme People’ s Court on the Application of the Relevant Guarantee System of the Civil Code of the People’ s Republic of China,new interpretations have been given to the priority to be paid,the effect of succession preservation and the effect of bankruptcy for the right holder of mortgage notice registration.With the expansion of real estate transaction market,the related system has been exposed gradually,which is difficult to support the good operation of transaction market.Combined with the current situation of judicial practice and the inquiry of typical cases,it is not difficult to find that in recent years,the real estate transaction disputes caused by the defects of the validity of the notice registration are on the rise year by year.Sometimes,the risks of house buyers are not only limited to one house,two sales,but also face more potential risks that may jeopardize the acquisition of house ownership at other levels,which should also be the problem to be solved by the notice registration.Therefore,it is of special value to establish a fully effective notice registration system.From the perspective of the concept of advance registration,legal effect and the relationship with the record registration,this article combined with domestic and foreign legislative provisions and scholars’ theories,analyzed the existing system in detail and compared its legal nature disputes.Based on the current judicial practice in our country,explore the existing defects in the effect of teaser registration,demonstrate the necessity of improving its effectiveness standards,and conclude that teaser registration generally should have various effects,so as to provide suggestions for improving relevant system.It is hoped that some suggestions are put forward for the incompleteness of the advance notice registration system,so as to continuously improve the advance notice registration system and provide reference for judicial practice.