On The Registration Of Preliminary Registration

The registration of advance notice is an important constituent about the real right change of the estate(special movable property)and the registration system,which can safeguard creditor's right,protect transaction security,defend the market credit. The legislator has introduced the preliminary registration system into the this system, this article will new Property Law recently. Based on an in-depth study on discuss in detail its constructing, perfecting and applying in China. This article consists of three parts:The first part is about elementary theory of the registration of advance notice. Gave registration of advance notice with official registration,dissension registration both to have the relation,and has the difference. The registration of advance notice has four characteristics: particularity character, subordination character, antagonism character,provisionality character.There are doctrinal disputes about the quality of theregistration of advance notice.The second part is about the registration of advance notice vertical legal regulation.The registration of advance notice start from the objection registration system which stipulated in the early Prussia law,and "German Civil Code"accepted the system,hereafter"Swiss Civil Code","Japanese Real Estate Registration Law"as well as"Land Law of Taiwan area"adopted it one after another.The stipulation of each national and the local not only have regularly in common,but also have the difference in detail.All of them can achieve the balance of the stable real right change.The last part will discuss how to perfect the preliminary in our country. The new Property Law has prescribed the preliminary registration in the article 20, which include the applying bound establishment, forces and out of forces. The content of this system is comparatively in integrity and has the positive significance, at the same time, it need further perfecting through judicial interpretation or special law on the real estate registration to regulate the procedure and order, expand the applicable range and detail the transition from preliminary registration to standard registration.