On The Improvement Of Preregistration System In China

Having negotiated a contract on the real estate, there is a interval before the purchaser become the owner of the real estate. To the detriment of the former purchaser, some unhonest seller may transact with another purchaser, and the latter purchaser become the owner of the real estate.The system of preregitration can provide protection for the former purchaser by registering the right of claim on the real estate transfer, which is important part in the register system on real estate, and is vital to protect the creditors' right, to safeguard the transaction safety and market credit.The Preregistration is a new jurisprudence in China, but it is a full-blown system in the Civil Law countries. But to some extent, for the difference of the lawmaking background, the systems of Preregistration in different countries are different. The systems in Germany, Japan,Swich and Taiwan are especially typical. This paper defines conception of the Preregistration, reviews and analyzes important items, scope, validity, procedure and logout of the system, and the character of the obligatory rights protected by the Preregistration. Moreover, this paper clarifies the methods and reasons of lawmaking in different countries, and discusses the theories and practice about the Preregistration and the integration between the system and the Civil Law of our country.By reading literatures and sorting out materials ,with comparison method, the author draws her own conclusions through comparison,analysis and induction.By analysing the preregitration system in China and compareration with the preregitration system in other countries, the author think preregitration system in China has its own deficiencies.We should legislate detail rules to make the preregitration system more effective.The detail rules about the scope, validity, procedure and logout of the system will improve the preregitration system in China.