On The Construction Of Real Property Preliminary Registration System In China

The preliminary registration of real property is one of the most important systems of real property registration, which is help realize the right that aimed to transfer the real property. The essential character of the preliminary registration is endowing the registered right with the effect of real right, which is to ensure the future legal result according with the claim's expectation. The preliminary registration is a new type of real property registration to China, in contrary, a mature system in foreign countries, such as Germany, Japan and so on. The author adopted the comparative analysis method to illustrate the basic theories of the real property preliminary registration, meanwhile, analyzed china's legislation and current practices on real property preliminary registration. The author also proposed that china should choose the suitable system of real property preliminary registration based on china's situation and the experience from other countries. Besides, author studied on some specific issues on establishing the preliminary registration system of china. The paper's body was divided into three parts, and more than 30,000 word count in total.The first chapter is the legislation comparison in German civil law and Japanese civil law about the preliminary registration system. The author discussed the relationship between the preliminary registration and the model of alteration of real right, and how to combine them perfectly in this two countries, meanwhile, explained the difference between this two countries in scope and validity of preliminary registration. The intention of the comparison is to help china choose more suitable model of preliminary registration system.The second chapter discussed the nature of the right under preliminary registration and the nature of the registration in theory. The author agreed that the nature of preliminary registration is based upon the nature of the right of claim registered in advance. After having been made preliminary registration, the obligatory right is vested some effects of real right, but it is not a real right in essence. The nature of preliminary registration is different from the nature of administrative permission, because its intention is notifying the state of the real property, which is the effect of civil law.The third chapter analyzed the current legislation and practical situation of preliminary registration in china and pointed out that china hasn't regulated preliminary registration system yet. The actual commercial housing advance sale registration system is different from the preliminary registration system. As a result, it is necessary for china to establish the preliminary registration system. Then author listed the considerations on the preliminary registration system such as the cause, applying procedure, nature and scope of claim of right, validity, erasure of the preliminary registration, which is based on the analysis of the regulations in the current legal drafts.