Research On Registration Of Caution

Corresponding to the "Registration of Real Estate", the "Registration of Caution" endows obligatory right with the force of real right, and become tache between them. Protecting the purchaser's rights who have already contracted with the bargainer and have difficultly in registration temporarily, the "Registration of Caution" is considered as a supplement to the force of public trust, and make the system of Civil Law move and operate fluently.The "Registration of Caution" is a new jurisprudence in China, but it is a full-blown system in the Civil Law countries. But to some extent, for the difference of the lawmaking background, the systems of "Registration of Caution" in different countries are different. The systems in Germany, Japan and Taiwan are especially typical among those countries. This paper defines conception of the "Registration of Caution", reviews and analyzes important items, scope, force, procedure and logout of the system, and the character of the obligatory rights protected by the "Registration of Caution". Moreover, this paper clarifies the methods and reasons of lawmaking in different countries, and discusses the theories and practice about the "Registration of Caution" and the integration between the system and the Civil Law of our country.By reading literatures, sorting out materials and analyzing cases, with comparison method, the author draws her own conclusions through comparison, analysis and induction.The conclusions of this paper are as the follows: (1) China need to establish the system of "Registration of Caution", so in future《Real Right Law》, the system should be set up; (2) The obligatory rights protected by the "Registration of Caution" are endowed with effectiveness of real rights; (3) The system of "Registration of Caution" in our country is being established. We should introduce the system perfectly to ensure integrity and influence of the system; (4) When the "Registration of Real Estate" is completed, the antagonism arises. And the antagonism cannot be traced to the time when the "Registration of Caution" is completed. As a result, the middle managements lapses only when they interfere the "Registration of Real Estate"; (5) To perfectly consummate systems in our country, in the future, the "Registration of Caution" should be provided not only in《Real Right Law》, but also in 《Code of Civil Law》, 《Bankruptcy Law》, 《Land Law》 and related provisions.