The Change From Creditor's Rights To Rights In Rem In Commercial Housing Advance Sale

The text tries to analyse and discuss the issues about the change from creditor's rights to rights in rem in commercial housing advance sale. By doing this, it wants to show the whole process of the change of the rights and seek the essential reasons why the pre-buyer is weaker in law. At the same time, the text puts forward some legal protection measures which the author believe effective and operable to make sure that the pre-buyer can change smoothly from contract creditor into house owner. Even though the pre-buyer unfortunately can't become house owner, the text also provides some available legal remedies to him.The process of pre-selling commercial housing includes the following four phases: signing of the contract of commercial housing advance sale (pre-selling contract), registration of advance notice, house delivery, and transfer registration of house ownership. The text which takes these phases as the clue in writing consists of three sections.In the part of preface, the first section, the text expatiates on its writing cause, purpose, and significance.The second section includes three chapters: The first chapter is about signing the pre-selling contract, i.e. the protection to the creditor's rights of pre-buyer. In this chapter, it treats the sign of pre-selling contract, and effectiveness of registration of advance notice. It points out both registration of pre-selling contract and transfer registration of house ownership is not the necessary condition for pre-selling contract to be effective. After pre-selling contract goes into effect, the creditor's rights of pre-buyer come into being. The system of registration of advance notice gives the creditor's rights of pre-buyer the force to resist others and prevents pre-seller from doing harm to pre-buyer's interests.The second chapter is concerned about house delivery, i.e. the effectiveness of possession by pre-buyer. Legal analysis with regard to the meanings, the conditions, the symbol, and the effects of house delivery is made in this chapter. It points out that house delivery only has the meaning of the movement of house occupancy, but not including the shift of house ownership. The house delivery system ought to be established on the basis of the legal core condition that pre-seller gets the certificate of the whole real estates ("big certificate"). It is entitled for pre-buyer to take possession of the house under pre-selling contract, and although his possession has not the force to resist the post-buyer registered, but it can resist pre-seller and the third party ordinary. In fact, the effectiveness of registration of advance notice + occupancy turns creditor's rights of pre-buyer into actual rights in rem.The third chapter is on transfer registration of house ownership, i.e. that pre-buyer obtains entire and absolute rights in rem of house. It is discussed in this chapter what's the function, the condition, and the validity of transfer registration. According to existing laws and regulations, the precondition for transfer registration is that pre-seller has already conducted original registration of newly-built commercial housing and gets its"big certificate". Simultaneously, it's necessary to establish the system of claim right to register for transferring rights, in order to guarantee that pre-buyer operates transfer registration smoothly and acquires entire and absolute rights in rem of house.The last part sums up the conclusion of whole text.