| The advance notice registration system is a kind of the registration system with the aim of asking for rights for protecting the alteration of real property before long. As a special real property right registration, the advance notice registration system is an important real right system in the Civil Law. By using real rights, it is a system of solving the problem of the double buyers in real property, which can prevent and reduce the disputes. The advance notice registration is a new system in China, but from the view of comparative law, it is a matured system of real right with a long story. As present, China has no clear legislative rules about this system and just stipulates the advance notice registration system of real property in the new Real Rights Law Draft and local legislation. The study of the advance notice registration system has its theoretical and practical significance at the time of drawing up Chinese Real Rights Law.By reading literatures, sorting out materials and analyzing cases, the author explores theoretical and practical problems concerned with comparative and economic analysis method. There are five chapters of the paper.Chapter One mainly introduces the sources of the advance notice registration and defines the conception of the advance notice registration by comparing it with the final registration and the objection registration etc. Chapter Two is the author's effort to study the scope, characteristics and risk of the preserved right of claim and to make the further analysis on the value of the advance notice registration .The value of the advance notice registration is to give some real effects to the creditor's right of claim and ensure that the right of claim will be satisfied in immovable businesses. Chapter Three studies the nature, effects as well as the obligor's counter plea specifically and separately. In this part, the author lists some consideration about the issues on how to improve the advance notice registration to the final registration and how to solve the problems when the related rights have the conflicts. Chapter Four explores how the advance notice registration occurs, and how it is transferred and eliminated. In the change of the advance notice registration, the applying procedure as well as the courses and procedure of its elimination are emphasized. Chapter Five analyzes the current legislation and practical situation of the advance notice registration of real property in our country and points out that our country hasn't regulated the advance notice registration system clearly. The actual commercial housing advance sale registration system does not have the same effects as the advance notice registration. Essentially it is only a kind of administrative measure. It has hypostatic differentiation with the advance notice registration. The advance notice registration is advantageous to protect and balance the benefits of all kind of parts.To make an analysis of the upper parts, the author provides several thoughts of stimulating the advance notice registration system of real property:(1)0n the model of legislation, basing on the legislation experiences of other counties and our concrete situations, the author advocates a comprehensive model一一the system will be stimulated both in the Civil Law and special law.(2) 0n the scope of application of the advance notice registration, the author advocates it should be concrete. It should include claim of real right's transfer or demise, claim of rights contents or sequence modify and claim with condition or deadline etc. Meanwhile, the author suggests that special personal property such as airplanes, ships and so on should be put into the scope of protection of the advance notice registration. (3) On the occurrence of the advance notice registration, the author suggests that the effective conditions and applying procedure should be regulated. Meanwhile, the author advocates providing clear stimulation for the beneficiary and duty man of the advance notice registration system, and listing the necessary documents of applying the advance notice registration. (4) 0n the effects of the advance notice registration, the author suggests adapting briefly and enumerating legislation structure and stimulating the effects of the advance notice registration system of real property. It should include effect to preserve right of claim, effect to preserve sequence, effect to warn, effect to preserve right of bankrupt. Relative invalidity principle should be accepted as the principle of effect in our country. According to the effect of preserving sequence, when the party transfers some kind of rights, the sequence of the rights depends on the date of the advance notice registration. But when the claim of right preserved by the advance notice registration has condition or deadline, the sequence of the final registration depends on the reality of the condition or the deadline .If there is no interim disposition act between the advance notice registration and the final registration, the procedure is simple because the third party doesn't intervene. On the contrary, the interim disposition act will make the procedure complicated. The act doesn't include only the debtor's juristic act but also other non-legal acts such as condemnation, enforcement, pseudo-arrest, pseudo-liens and so on. The author advocates that advance notice registration has excluding effect on enforcement, pseudo-arrest, pseudo-liens and so on, but not on condemnation. (5) 0n the losing effect of advance notice registration, the author advises a comprehensive regulation for various situation of losing effect of the advance registration. |
