The Research On The Real Estate Property Preliminary Registration Law System

The Real Estate Property Preliminary Registration Law System(REPPRLS) was established by Germany in the Middle Ages, and adopted by Switzerland, Japan and many other countries. REPPRLS is also an important civil right in our country's Property Law. October 1, 2007 Property Law which has made clear requirements on The Real Estate Property Preliminary Registration will be formally put into effect. Along with the rapid development of real estate market, commercial building sale contract registration should be changed gradually to REPPRLS because of the absence of an unified theoretical support and the compulsory registration.Requirement on The Real Estate Property Preliminary Registration in Property Law is not specific enough, to further protect the safety of real estate transaction and effectively balance the economic interests of the parties , the first half of this paper describes the theoretical basis of REPPRLS, the last part of the paper proposes some general rules of REPPRLS. The party must have the corresponding conditions and right prove; the party should submit legitimate application, identity card, proof of the existence of an effective request right to the registration office; Action according to the verdict, judgement, mediation of the court or arbitration tribunal or the administrative decision, and action by the insolvency administrator, will be invalid to the preliminary registration obligee if the action against the content of preliminary registration, except the action provided by law; When the request protected by preliminary registration is realized, the resulting real property priority is pursuant to the time preliminary registration established; Preliminary registration is permitted to registration credibility. Registration record even with mistakes, but as long as people trust this registration, they can still obtain desired benefit; Obligor is approved to advocate the right to plea, this right should not be limited or eliminated because of the registration; When the right to request transfer, the registration transfer followed. Preliminary registration should not be transferred separately; When registration cause is eliminated, preliminary registration obligee gives up or doesn't exert his right, real property obligee owns the right to exclusive plea and request to obliterate the preliminary registration, preliminary registration is over.