The Research On The Preliminary Registration Institution Of The Real Estate

The preliminary registration of the real estate is an important civil institution concerning the transference of the real property right.Taking risk prevention as its value orientation,the purpose of the preliminary registration is to retain the creditor's right to claim when he expects the transference of the real property right based on the real estate.Most of the Civil Law countries such as Germany.Japan,Switzerland and Taiwan have adopted the like institution. The preliminary registration of the real estate is provided in the Real Property Right Law, which is the first step of the preliminary registration institution construction.Corresponding to the standard registration,the preliminary registration refers to the registration in advance to retain the right to claim for the establishment,transference, modification and rescission in the future.The claims after the preliminary registration will be of the creditor's right with some effects of real property right,which embodies the merger of the obligatory rights and the real property rights.As a special registration institution,the preliminary registration is not isolated but close related to the transference system of the real property right.The applicable scopes of the preliminary registration depend on the mode of the transference of the real property right.After reviewing the legislations of the preliminary registration in some countries,this paper concludes that the preliminary registration possesses the effectiveness of rights guaranty,order guaranty,immunity from bankruptcy and precaution. This paper also elaborates the legislation modes of the relevant nullity for the preliminary registration,the intervention of public authority and the restraints of the lease right with effects of real property right attached to the rights guaranty.The entire preliminary registration institution also involves the alteration of the preliminary registration,mainly included the establishment,assignment,enlargement and cancellation of the preliminary registration.This paper summarizes the achievements of the academic research,makes legislation experiences of other countries for reference,bases on the circumstances in our country and thereby brings forwards the suggestions on the applicable scopes,effectiveness and alternations of the preliminary registration in our country.We should provide some elaborate and exercisable rules in the registration laws and regulations so that the preliminary registration institution could be more effective.