The Research On The Advance Notice Registration System Of Real Estate

The Real Right Law been formulated in our country. The advance notice registration of real estate is one of the important systems of Real Estate Property registration. It has been a new focus in study of real estate registration in China, which is the registration claim right aimed to maintain the future actions of the Real Estate Right such as transition, transfer and elimination. The essential character of the advance notice 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.In this thesis, theoretical and practical problems concerned are explored thoroughly by comparative analysis. This paper defines conception of the advance notice registration, determination the value of the system, reviews and analyzes important items, scope, force, procedure and logout of the system, and the character of the obligatory rights protected by the advance notice registration. Finally, with the provision of article 20 of the Real Right Law, it makes a more in-depth study about how to further improve the advance notice registration of real estate.The thesis is composed of three chapters.The first chapter regulated the basic concepts. The advance notice registration is originated from German civil law, and then was adopted by Swiss, Japanese and Taiwan's civil law. It regulated the concept, feature, and system value of the advance notice registration. Then it introduces its history tracing to the source and the basic regulation on the advance notice registration of various country as well as Taiwan.The second chapter regulated the operating mechanism of the advance notice registration. By the comparison on the legislation regulation in every country and our country Taiwan, the author comment on the range, effects, happening, disappear of the advance notice registration and the right of the obligor.The third chapter regulated the establishment and perfect of the advance notice registration. It has recalled the legislative process of the advance notice registration, and evaluates the article 20 of the Real Right Law. Then the author suggests that we should draw a moral from the legislation regulation of the advance notice registration in German, Japanese and etc, and make a further improve in terms of the character, range, effects, happening, disappear of the advance notice registration .