Research On The Registration Of Advance Notice

The registration of advance notice is an important system about estate real right change in civil law. It aims at protecting the obligees who expect estate real right change based on their obligatory right of claim. So it places importance on keeping a lookout of risk. The registration of advance notice which originates from Prussia and is provided for in civil law of the civil law system countries such as France, Swiss and Japan etc. very clearly, it is a necessary part in estate real right system. Recent years, estate exchange will become more and more important in economic life with development of social economy. In foreseeable future, the registration of advance notice will be assimilated and used for reference in civil legislation. After sorting out many countries'legislation of the registration of advance notice, based on further and exhaustive analysis of institution value, basic connotation and institution function, this article will put forward concrete assumes in order to perfect our country's the registration of advance notice. It's divided into 3 sections. First chapter, Value analysis of the registration of advance notice Obligee's protection by the registration of advance notice is a reflection that the creditor's right has the quality of real right. Clear and definite distinction between creditor's rights and real rights lays a solid foundation for neoteric property rights system which is constructed accurately at technical level. But the mutual relationship becomes more and more unclear resulted from social economic development's multi-faceted and complication in actual trade's relation which is civil law's inevitable reflection for social reality rather than being appropriate in right system itself or not. Party's profit is tremendous especially in the trade relationship of real estate exchange because real estate such as land is property foundation for human being. It usually exists time interval from the act of obligatory right's end to Juristic act of real right's final finish. During this period, only compensation for breaking a contract could not realize party's anticipated purpose. Whereas the registration of advance notice bestow party a right which will limit possessor's right of disposing by the registration of advance notice so that the expected purpose could be protected successfully. The registration of advance notice is to exert the regulation coming from property law on debt law and give exclusive validity of the real right to the obligatory right of claim. The essence is property law's extension to debt law.Besides, the registration of advance notice protects estate cessionary's expect. the registration of advance notice does not change state cessionary's legal status with his essence of creditor's right, but is endowed with a lot of validity of the real right so that it will be protected clearly and definitely on law. Second chapter, Main contents of the registration of advance notice The registration of advance notice is an item of registration institution equivalent to the relevance on real property registration law. The main institution connotation is Claim of the registration of advance notice's scope, Validity, duty person's defence right and the registration of advance notice's elimination and cancel. The scope of the registration of advance notice is provided for very clearly in Germany, Japan, Swiss and Taiwan. It mainly includes claim of estate real right's transfer or demise, claim of rights contents or sequence modify and claim with condition or deadline etc. Validity of the registration of advance notice means that the obligatory right of claim will have some exclusively effect and become relative nullity after the registration of advance notice. And it can confront every man jack. It mainly includes six kinds of effect: 1. the validity of protect the right; 2. the validity of protect the order; 3. the validity of perfecting the right; 4.the validity of warning the third person;5.confronting others tort;6.obligor's deraignment. The occurrence of the registration of advance notice includes essential condition and formal condition. Essential condition means having the obligatory right of claim in the real estate. Formal condition means having obligor's consent or court's order. Elimination of the registration of advance notice means that eliminating the registration of advance notice in the real estate register because of some reasons. Validity of the registration of advance notice will abate after elimination. Third chapter The application of registration of advance notice In order to exert his function, the registration of advance notice,as a kind of law system which comes from aboard, must combine china's reality. Especially as a prepare system in real property registration system,its value lies in being used in other systems. So in this part, we will discuss the function of the registration of advance notice in advance sale of houses and the precontract of substitutionary performance. Now in advance sale of houses, the system of registration and recording does not have the same validity as the registration of advance notice. The procedure is only a kind of administrative measure .It...