Research On The System Of Registration Of Advance Notice

The registration of advance notice is a very important system abouttransference of estate right,which can take precautions against risk. Manycountries and regions of the civil law systems adopt this system. And ourcountry will set it up in the near future, which we expected. But from thepresent situation, we just have low knowledge on the system, thus lots ofproblems in profound level have not been involved and the problems of detailshave been neglected. If the registration system of advance notice is establishedon this basis of this knowledge, its value will be reduced. For this reason, thisthesis compares the registration system of advance notice in Germany, Japanand the area of Taiwan in order to get the over-all and breakthroughknowledge on that. This thesis totally includes five parts: The first part studies the comparative law on the scope of applyingregistration of advance notice. In Germany, the registration of advance noticeis applied to the right of appeal on the change of the right of estate, as well asin Taiwan. The former appeal right is also applied to the future appeal rightand the appeal right subject to conditions. But the former right of appeal,which is defined to the appeal right subject to conditions and time limit forregistration of advance notice, is a future right. In Germany, registration ofadvance notice is not only applied to the appeal right subject to conditions andtime limit, but also the future appeal right which has broad legal basis and isused according to the obligee's purpose. This opening regulation with strongadaptability is also one of the characteristics of the relevant regulations inJapan. The above registration of advance notice is often called "False 54Registration" in Japan. And it is applied to protection of unregistered estateright, the appeal right of changing real estate, the future appeal right withbeginning period and cease time. According to the quality, this right is subjectto real right and credit right respectively, which is quite different from theformer two. Furthermore, Swiss law regulates that registration of advancenotice can also be applied to land lease, which can enlighten us greatly. The second part is about analyze about the risks of the objects protectedby registration of advance notice. There are four kinds of risks among theobjects : 1. dual transference of debtor; 2. other real rights established bydebtor; 3. compulsory execution by creditor; 4. debtor's bankruptcy. Theessential reason of these risks lies in the fact that the appeal right fortransferring real estate has no the validity against the third person. In addition,the registration system in the mode of appeal right to transfer real right is thecrucial factor for resistance and occurrence of the risks. Whether the theory ofregistration-antagonized element or the theory of registration-operated element,they would expose the right like appeal right for changing real estate out of"the zone of risks". The situations that registration always cannot occur inreality, makes "possibility" become "reality". The situations include threetypes: 1. The obligor performs the antagonization right when the creditor doesnot offer consideration; 2. When the right of appeal on the change of the rightof estate is the appeal right subject to conditions and time limit, the conditionsand time limit do not occur; 3. Other situations, such as the occasion ofadvance sale of houses. There are two kinds of oppositional system: One isregistration of advance notice; the other is compensation for the damages. Theformer one is the system of risk-precaution. The latter is the system ofrisk-redress. In addition, some countries and regions make use of the creditor'swithdrawal right to protect obligee, which is also a kind of system of 55risk-redress. Among the above three methods, registration of advance noticehas...