The Research On The Real Estate Property Preliminary Registration System

The Preliminary Registration of Real Estate Property is one of the important systems of Real Estate Property registration, which is the registration claim right aimed to maintain the future actions of the Real Estate Right such as transition, etc. The essential character of the Preliminary Registration is exclusiveness and confrontation that enjoys the Right of things effect which is to ensure the future legal result only comes from the claim's expectation, which becomes the substantial method of safeguarding the Parties' rights, protecting the exchange safety and maintain the market reputation.With the establishment of our country's commodity economy and market economy recently, the Real Estate Property has entered into the market exchange gradually. During the establishment and transfer of the Real Estate Property, Parties can arrange certain conditions and terms for the Real Estate Property, or other causes beyond Parties' consideration, the relationship of credit and obligation has occurred prior to the registration of the Real Estate Property transition often, as well as the certain time difference between the two. Since our country hasn't regulated the Preliminary Registration System in the Civil Law now, thecurrent Registration System limitation only applies to the actual and finished Real Estate Property Right, and it even seldom mentions about the possibility of enlarging the registration limitation to include the future, non-happen Real Estate Property Right changes. The incomplete legislation not only increases the violation of the bona fide doctrine principle such as double buy & sale, but also brings the difficulties to the government management of the Real Estate Property and the judgment work which hardly meet the development needs of the market economy. Hence, we should integrate and improve the current regulations regarding the Real Estate Property and establish the complete Real Estate Property Preliminary Registration System to scheme the perfect Real Estate Property Registration Systems based on our country' s actual situation as well as refer to foreign countries' legislation experience.The author adopted the comparative analysis method to illustrate the Basic theories and main contents of the Real Estate Property Preliminary Registration, meanwhile, he analyzed our country's legislation on Real Estate Property Preliminary Registration and the current practices, proposing that we should choose the suitable content of our country's situation to establish the complete Real Estate Property Preliminary Registration based on the experience from other countries as well as Taiwan. In addition, the author studied on some specific issues on establishing the Preliminary Registration System of our country.There are four chapters of the paper. The first chapter regulated the basic concepts, features and the establishment aims and methods of the Preliminary Registration. It introduced the basic regulations on Preliminary Registration of various countries as well as Taiwan, and made the further analysis on its features and values which established the theoretic base for the future discussions. The second chapter illustrated the main contents of it through the comparison of legislation regulations of foreign countries and Taiwan and discussed four contents varied fromthe scope, effect, occurrence and elimination as well as the obligor's counter plea specifically and separately. The third chapter analyzed the current legislation and practical situation of Preliminary Registration of Real Estate Property in our country and pointed out that our country hasn't regulated Preliminary Registration System clearly. The actual commercial housing Advance Sale Registration System is also different from the Preliminary Registration System which caused many problems. As a result, there is the necessity for our country to establish the Preliminary Registration System based on the above bases. The fourth chapter listed the considerations on the Preliminary Registration System such as the scheme and design of the System, the analysis of the regulations in the current legal drafts, the issues on how to improve the Preliminary Registration to its Original Registration, whether establish the Preliminary Registration of the forward purchase commercial housing or not and how to solve the problems when the related rights have the conflicts, etc.