Research On Real Estate Dredicting Institution

On March 16th,2007, the 5th meeting of the 10th People's Congress enacts the Real Right Law that is an important law. The Article 20 establishes the registration of caution which regulates the context, the performance, transference and termination of right. However, the article is too abstract to practice. Therefore, after introducing the advanced law of Germany, Swiss, Japan and the Tai Wan Island and studying the practices of China, the author makes an overall research on how to execute the registration of caution in practice so as to make suggestion to our law of registration of caution.At the beginning this article introduces the Real Right Law of Germany, Swiss,Japan and the Tai Wan Island. Then I take the definition of registration of caution made by Sun Xianzhong. the advance notification registration is which when the litigant anticipates the real estate real right change needs the condition lacks or not yet the achievement, is protects it to obtain the future creditor's rights of the real right to request the power but the registration which carries on to it. and analyzing the registration of caution, registration,conflicts of registration, I make a conclusion that registration of caution has the characteristics of maintainability, hypotaxis and provisionality. After that this article studies the three functions of registration of caution as follows: safeguarding the trade, reducing the cost and remedying the shortcomings of the model of altering estate.Gives advance notice the registration movement regarding our country and its condition. This article fully was elaborating German, Swiss, Japanese and our country Taiwan area advance notification registration scope, occurrence, the transfer and under the elimination premise. the 20th provision of "Reality of laws" advance notification registration has carried on to our country. First elaborated the advance notification registration occurrence way, regarding the advance notification registration transfer, this article pointed out the advance notification registration subordinate to the host creditor's rights, cannot alone transfer, only can shift along with the host creditor's rights transfer. Regarding the advance notification registration elimination, our country bring that advance notice the registration when the right person is negligent to exercises the right into line with the advance notification registration the elimination condition, simultaneously pointed out the host creditor's rights will eliminate also cause the advance notification registration the elimination..In view of the effectiveness of registration of caution, at first I introduce the legislative model of registration of caution i.e. the comparatively effective principle. In the second part I introduce the common effectiveness in foreign registration of caution such as early-warning effectiveness. On the basis of the current law, I study the Article 20 and make an overall analysis of the legislative model of registration of caution, of whether there is pre-guarding effectiveness in the process of bankruptcy, and of revising the effectiveness of pre-accepting the money after accomplishing the project.