A Study On The Advance Notification Registration

The advance notification registration system is our country in 2007 considers through and starts on October 1 to implement "the People's Republic of China Reality of laws" a 20th establishment control real estate transaction important registration system.The advance notification registration (Vormeikung) is refers to before this registration, registers obligee's disposition right through the limit, preserves about the real right change request power or the cis-position tentative booking, this kind of registration is opposite in this registration one kind registers the system specially. The advance notification registration system stems from the middle ages the German Prussia law. Is one kind has the certain real right potency special creditor's rights after the advance notification registration's real right's request power. Its establishment the mature real estate trading market is playing the effective standard role day after day regarding our country.The real estate market house is been nowadays redundant looking from the containment buys and sells "a female marries" the social reality, first this system not can only preserve the real right request power the benefit, saved the lawsuit cost indirectly. The next advance notification registration system can maintain the real estate transaction security and the order, the pursue property change security value function, effective saves our country judicature resources. The first part was obtains from the advance notification registration system's definition and the historical origin, to inspect our country's actual situation, introduced the advance notification registration system value and the nature.The second part is obtains from the comparison test inspection angle, through contrasts the mainland legal system and the UK-US legal system laws and regulations, better explanation advance notification registration system to our country real estate trading market at the right moment. The advance notification registration system has a standard in the mainland legal system and the UK-US legal system. In the mainland legal system country, like German, Swiss, Japanese as well as our country Taiwan area and so on, from this system's occurrence, may carry on the advance notification registration the content, as well as advance notification aspects and so on registration's potency and elimination have made comprehensive and the explicit stipulation to this system. These concrete legal regime has strongly regarding our country imperfect advance notification registration system profits from the function. In UK-US legal system country, also has the similar stipulation to call it the early warning registration. But in the UK-US legal system country, the application more widespread should register the system for Torrens, this registration system is similar to the advance notification registration system, but this system take the liberalism as the guiding principle, although it in UK-US application good, but only then starts regarding the market economy, the real estate standard still imperfect our country, was cannot overall use for reference absolutely.The third part is the advance notification registration system's potency part, the advance notification registration system's potency is its function, this is the advance notification registration system's core question The advance notification registration system's potency is its function, this is the advance notification registration system's core question, regularly looked from various countries' legislation, generally has the potency has the following several kinds: Preserves the right the potency, this is the goal which the advance notification registration sets up is also its most main potency. Is also called the advance notification registration "the guarantee potency". Preserves the cis-position the potency, because of advance notification registration, but can enable this request power to have the repel postorder registration right potency. The early warning potency and it preserves the request power the potency and preserves the cis-position the potency is inherits, chapter 11 bankruptcy protection's potency and the resistance inherit the potency is the advance notification registration basic potency derivation potency.The advance notification registration itself does not have the independent potency, only then the advance notification registration advances into the bendern time, gave advance notice that the registration potency can occur, after advance notification registration, before this registration, registers the volunteer to determine the nature of relatively invalid to the subject matter punishment it. Whether in the practice exists is the advance notification registers about the advance notification registration potency question greatest dispute to resist, because the civil rights energetically put into practice the real estate real right change question which causes to produce. Cannot simple to our country give advance notice that the registration system resistance civil rights work hard to devote oneself to are the answer which the direct resistance or does not resist directly, but must the overall evaluation civil rights strength occur factors and so on reason, time as well as goal come the concrete study, but cannot be generally spoken. After the advance notification registration occurs, may realize, the creditor's rights by this registration to request that power reasons and so on elimination belong to the eliminationThe advance notification registration system had determined can the real estate give advance notice the registration trades the bilateral right and the duty.The fourth part is consummates our country to give advance notice that the registration system's conception, gives advance notice the registration system, although already obtained the establishment in our country, but this system on present is imperfect. In the advance notification registration system "Reality of laws" determined before our country, the commercial housing sells in advance the registration, although to is related commercial housing business to request to carry on the registration, but this is not in the traditional civil law significance advance notification registration system. Although our country has established this item of important real estate registration system from the system, but refers to the overseas vertical legal regulation, this system still had its flaw and the imperfect place.First, looking from the applicable scope, our country legal rule excessively narrow. Second, looking from the application examination form, our country has not made any stipulation regarding this. Third, have the condition standard looking from the advance notification registration, our country law stipulation too narrow. Fourth, looking from the advance notification registration system's potency, our country scope standard is insufficient. Fifth, gave advance notice that after the registration punishment behavior should not limit is the absolute invalidity, but should take relatively effectively as suitable. Its six, in laws and regulations dependent program safeguard insufficiency, "Reality of laws" regarding advance notification registration concept, applicable scope, potency as well as expiration and so on reality the question stipulations is quite detailed, but how regarding to mention and carry on the advance notification registration the procedure aspect standard quite to be actually crude. Its seven, gave advance notice that the registration spreads sells the item flaw.The advance notification registration not necessarily can transform into this registration, when therefore the advance notification registration cannot complete time realization which the bendern records, must carry on spreads sells. Spreads sells the system to set up the direct relation whether to promote the transaction efficiency value.