Research On The System Of Registration Of Advance Notice

The registration of caution, is refers for preserves creditor's rights to request the power carries on the real estate registration, this request power must achieve the goal, will be has the real estate real right potency in the future. The general real estate registration all is the registration which carries on to the reality real right, but gave advance notice the registration registers will not be the real right, the registration is its goal is the future has some kind of real right change request power.The advance notification registration system establishes for the German civil law, through Japanese, Swiss and our country Taiwan area and other national or the local legislation and the judicial practice proved, regarding the maintenance real estate transaction order, the balanced real estate transaction both parties benefit has the vital role. But our country legislates in "Reality of laws" before appearing, has not stipulated the advance notification registration system, only then has the advance notification registration correlation stipulation in Nanjing and in Shanghai's related house registration rule, but does not have the universal significance. "Reality of laws" caused the scholars to establish the advance notification registration system the suggestion to turn the reality legal regime. In 2008 the ministry of construction for the standard house registration behavior, maintains the real estate transaction security, rests on "Reality of laws" and so on the laws, the administrative rules and regulations, has formulated "House Registration Means", this means have carried on the specific stipulation to the advance notification registration system, enable it to have the very strong operationality. However our country is incomplete about the advance notification registration system stipulation, its function also does not have to manifest completely, in which advance notification registration applicable scope, the application condition and the advance notification registration potency all has certain limitation, regarding a new legal regime, should not accuse it by the excessively many criticism manner, although it has not the entirely as desired place, still should admit it by a tolerant manner, then attempted again made the improvement. This paper main research technique take literature reading, the case analysis and the data compilation as the foundation, the utilization comparison research method, through the analysis, the comparison, the induction draws the present paper conclusion.This article the conclusion has following several points: (1) objection registration system and the advance notification registration system at the beginning of the production is relates closely in together. Both produce the objective consummates the real estate real right registration, the former has blocks the real right male letter strength the potency; But the latter entrusts with creditor's anticipation power real right potency, enables it to be possible to resist the third person.(2) advance notification registration causes the creditor's rights to request the power has had the real right nature, formed the creditor's rights real right to look like especially. (3) our country gave advance notice the registration system to solves the realistic question vital significance, but our country is incomplete about the advance notification registration system stipulation, in which advance notification registration applicable scope, the application condition and the advance notification registration potency all has certain limitation, does not favor the full protection real estate real right change request power person's anticipation power, also limited the real right person to register the obligee right in the non-hindrance advance notification in the scope to punish the real right subject matter the freedom.