On The Construction Of Preliminary Registration In China

The preliminary registration is a real registration system asking for rights for protecting the alternation of real property before long. In the process of a real transaction, such as the advanced commercial house selling, the vendee is always in the weak trend and the seller is in the strong trend. When the two sides sign the contract, because of registration condition unconsummated, the vendee can't finish the registration to obtain the property rights, only to have the right on request according to a contract law. It is unfair only to ask the seller to respond the violation responsibility, and it is necessary to establish the preliminary registration to protect the interests of the vendee.The preliminary registration was established in the "Property Law" in March, 2007, and acknowledged in the law in China at the first time. The Preliminary registration is a mature and perfect registration system abroad , but still oppositely unfamiliar in China . It is more general provision that the article 20 of the "Property Law" only used the word more than 100 to regulate this system, and it is still worth to discuss this system in intending practice.Firstly, the article has annotated the concept of the preliminary registration ,and has found the same and difference between it and some other concepts to clear the value of this system. The second, the article has analyzed the nature of the preliminary registration, deeming the preliminary registration as a special guarantee way of real right; The third, the article has put forward on how to comprehend the scope of the preliminary registration; And then fingured out several advices after analyzing the validity and failure of the preliminary registration in the "Property Law"; The fourth, the article has analyzed the effectiveness of the preliminary registration and givn several advices; Ultimately, the article has analyzed other aspects of the preliminary registration system, such as the right of demurrer and relieve, and pointed out that the preliminary registration should be further consummated in the aspect of procedure.