Research On The System Of Advance Notice Registration

In the real estate transaction, if the owner of the real estate driven by the benefits may breach contract and sell the real estate to other people on the period of the contract signing to registration of transfer, thus it will cause great losses to the buyer. The system of advance notice registration which can prevent the risk of the transactions and safeguards the security of transactions is an important system in the real estate registration. As a temporary registration, the system of advance notice registration is defined as that, the buyer has the right to request changes to the registry for the request on the mode of property right alteration before officially registration, for preventing the owner exercise of the disposition on the real estate to protect the realization of the property right in future, when the conditions of this registration has not been occurred.The system of advance notice registration originated from Prussia Law in the early, which was already an extremely mature system after developing more than one hundred years, and it has been used by many places. The People's Republic of China Property Right Laws that passed in March 16, 2007 and put into effect in October 1, 2007 established the system of the advance notice of registration definitely. It makes the registration of real estate moving forward in our country. While it is simple in content, thus it is necessary to improve the law much better in the future.By reading literatures and sorting out materials, with comparison method, the article will discuss the system of advance notice registration more deeply through comparison, analysis and induction. Therefore, this article firstly starts with the origin of the system of advance notice registration, and then it analyzes the definition of the system of advance notice registration. Finally, the author makes some suggestions through studying on this system in foreign countries and in China.The article includes four chapters:Chapter one is the basic theory of the system of advance notice registration. Firstly, the article begins with introducing the system of advance notice registration origin which makes us know about the development course of the system. And it analyzes the mode of property right alteration which is the foundation of the system of advance notice registration. Secondly, this part discusses five points: 1. It makes the definition clear through the research on academics'viewpoints. 2. The readers will understand more deeply through the comparison to the official registration and the objection registration. 3. It will be a profound understanding on the nature of the system of advance notice registration by discussing many academic viewpoints. And we will know that the nature of the advance notice registration is an obligatory right. 4. The effectiveness of the system of advance notice registration is the core content in the system of advance notice registration, including assured effectiveness, precedence effectiveness, force notice effectiveness and bankruptcy protection effectiveness. This article will introduce the effectiveness and analyze the assured effectiveness. 5. Through analysis to the cause and the invalidation of the system of advance notice registration, it will be a general grasp in the procedure. Finally, it will discuss the significance of the system of advance notice registration. To make the market in order and maintain the security of transaction, the system of advance notice registration came into being. The significances include breaking the boundaries of property rights and obligatory rights, promoting the theory of the process of civil law, protecting benefits of the obligee and maintaining the real estate transaction.Chapter two introduces the system of advance notice registration in foreign countries. The analysis of advance notice registration is focused on Germany,Japan and Britain. First part is about the system of advance notice registration in Germany. Because of this system originated from Germany, it established in detail. This article will analyze the nature, the effectiveness and so on. Second part introduces the false registration in Japan. Although there are differences between Japan and Germany in the mode of property right alternation, Japan still accept the system of advance notice registration. And its range of requests for right is wider than Germany. The third part is about the Torrence registration in Britain. Though the system of advance notice registration[0] does not exist there, its Torrence registration is similar with the system of advance notice registration, which also has the function of caution.Chapter three introduces the system of the advance notice registration in our country. With the development of the real estate market, the advance notice registration was established in the Land Right Registration of city and town in Nanjing and the Real Estate Registration Regulation in Shanghai, so these regulations make a foundation on improving the system of advance notice registration in China. The system of advance notice registration is set definitely in the People's Republic of China Property Right Laws and its scope of application is expanded to the building business and other real estate. The author makes some suggestions on how to apply to the requirement right on the system of advance notice registration when it conflicts with other rights. The system of advance notice registration on the building business and transfer of land rights is established in the Measure of the Building Registration and the Measure of the Land Registration.Chapter four analyzes the defects and improvement on the system of the advance notice registration in our country. The author makes some suggestions: 1.The cause and the elimination of the system of advance notice registration includes: the cause of the advance notice registration includes two types. One is getting the obligation of register assistance; the other is finding the reason of law[0] when without the obligation of register assistance. It should be sure that the obligee know the right that the registration is eliminated. 2. The effectiveness of the system of advance notice registration includes: it should be taken to a principle of the relatively ineffective for the system of advance notice registration; the effectiveness of the system of advance notice registration should be fully established; When the public power intervene, the way of applying to the advance notice registration is required on the specific rules or judicial interpretation. 3. The scope of application of the system of advance notice registration should be expanded. 4. It should set up a review system; it should set up network-based information system to improve the information disclosure system. 5. Improvement on other aspects of the system of advance notice registration includes: the registration organization of the advance notice registration[0] should be fixed; it should be required to apply for the advance notice registration in details; it should make some regulations about the transfer of registration; it should increase the types of the system of the advance notice registration.