Thinking On The Regulation Of Pre-registration For Real Properties

In accordance with a contract, seller should take on the obligation to transfer the ownership of the specified real estate, or to set rights upon the real estate, as agreed in this contract. Whereas, no one can prevent seller from breaching their agreements. Under this circumstance, although buyer has the right to claim for remedies, he may not obtain the ownership of the given real estate. In China, this kind of things often happens, especially when price fluctuates drastically, and seller is not in good faith. Through real estate transactions, the phenomenon of "one object, two deals" is quite prevalent. Since real estate values too much, and houses are of great importance to people's life, finding a way to solve this problem is very urgent. Therefore, here comes the regulation of pre-registration for real eatates.The regulation of pre-registration for real estates traces to the rules of contradictory registration in early Prussia. In early Prussia laws, contradictory registration fell into two categories: one is connatural contradictory registration, the other is extrinsical contradictory registration. Connatural contradictory registration effects both the buyer's claim and the claim's sequence, but the extrinsical contradictory registration only effects the claim itself, other than it's sequence. Though these rules act somewhat like rules of pre-registration, the real ancestor for rules of pre-registration is and in late Prussia. These two acts renamed contradictory registration as pre-registration, and also distinguished two different kinds of pre-registration: one...