| Notification of right in rem for real estate is undoubtedly the key part for and the reflection of Law of Right in Rem to ensure the safety of transaction. Therefore, the study of the theory related to the notification of real estate exerts practical significance on promoting the transaction occurring frequently and widely, and safeguarding the transaction order. This article will elaborate the notification of real estate right in rem in four aspects: its base, methods, effect and current facing problems.First, the article will argue for the necessity of notification of right in rem for real estate, mainly its theoretical base and practical significance. The comparison of right to dispose what is in their possession and request right show that the former is absolute, exclusive and for secular world , while the latter is comparative, equal and for human being. Conclusion could be drawn that the change of right to dispose what is in their possession must be based on the facts which could have force of notification and there lies essential difference between right in rem and right in personam. The significance of distinguish the difference between the legal basis of the change of right in rem and right in personam lies in that the change of right in rem could only come into force by its own necessary conditions but not whether it comes into force. The analysis of the necessity of notification does benefit the practical practice. First of all, it protect the request right of the contract party for right in personam in the case that the change of right in rem haven't been accomplished while the contract has already come into force. The contract party should enjoy the legal economic right as well as the right to require the party in breach of the party of shoulder the responsibility. Secondly, it could prescribe the exact time of the change of right in rem and protect the due interests of the third party. If the change of right in rem between the contract party and the third party has been accomplished, the legitimate interests of the third party should be protected.Secondly, the notification of right in rem for real estate is the fundamental issue of Law of Right in Rem. The current law in China prescribes that the typical method for notification of movable property is payment while registration for immovable property. The function of notification of right in rem for real estate lies in that it strictly regulate the progress of the change of right in rem for real estate to directly protect the contract party who change the right in rem and the third party. It can be characterized to be open, exact, legal and unified. However, apart from registration there does have other non-typical method of notification of the change of right in rem for real estate. The affirmation of such non-typical method help negate the wrong view that only the registration is the legal base for the change of right in rem for real estate. The base of such change is the legal act supporting the registration for real estate rather than the act of registration itself. That is to say the contract party asking for registration is the reflection of their true intention and expression of the change of right in rem and its form. Other methods apart from registration for real estate should not excluded either in the aspect of fact or legislation. For example the delivery of the house, approving certificate of one's ownership of the real estate and the transaction of the change of right in rem between the contract parties. Those non-typical methods share one common characteristic: it could be proved and affirmed in some objective way method, which is necessary for the execution of legal act, which is notification of right in rem. However different methods of notification do have different force. The strongest is the registration whose legal force could sufficiently exclude the third party, while the non-typical methods could not.Thirdly the force of notification of right in rem for real estate depends on the different models of the change of...
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