The Research Of Preliminary Registration Of China

As a special form of the property rights registration,preliminary registration system contribute,significantly,to maintain the orders of the estate exchange and protect the creditor's interest.The legislator has introduced the preliminary registration system into the new Real Rights Law recently. Based on an in- depth study on this system,this article will discuss in detail its constructing,perfecting and applying in China. This article consists of three parts.The first part will discuss the basic theoretic of system, including the issues such as conception,the differences from the standard registration and its characters; it can be obtained because of the purchaser's good faith ,and the study through the comparison among the countries. The preliminary registration ,is the real rights change that the related parties'expect can't be accomplished because lack of time or conditions ,in order to protect the creditor's rights ,filed at the registration organ .The preliminary registration characters as assure,hypotaxis,precedence and provisionality related to the standrad egistration. Review the regulation among the countries, we may find that they almost all have this measure:control the disposal to the realty after the creditor's rights come into force, just a little differences such as range or conditions. This may be related to the countries'facts and the mode of realty alteration they choose. The second part will discuss the character and effect of the preliminary registration.There are so many disputes about its character, such as assure,non-entity rights,creditor's rights into the real rights and eclecticism. We think that it is still belongs to the creditor's rights,this is the law start from protect the safe of bargaining , endow it the special rights to confront the third part.The preliminary registration of a real estate holds the forces of right guaranty,order guaranty,protection from bankruptcy and precaution.The last part will discuss how to perfect the preliminary registration system in our country. The new Real Rights Law has prescribed the preliminary registration in the article 20,the content of this system is comparatively in integrity and has the positive significance,at the same time,it has some deficiencies and need further perfecting through judicial interpretation or special law on the real estate registration, such as expand the applicable range and perfect the happen conditions, add its forces such as order guaranty,protection from bankruptcy and precaution. The force of the intermediate punishment should be determined as comparatively no effect,the exertion's procedure should be more clear and reasonable; definitude the proposer,convey and destroy. At the same time ,we should pay attention to the problems arises from the application, such as unite the register organ.