Registration Of Caution

Along with our country social economy development,buys and sells house oneself to another become common behavior.But under market economy condition,after working out the contract of sales,also sold to the identical house another person is occurs frequently.Along with our country housing organizational reform advancement,the house transaction may divide into the forward delivery housing transaction and the present hosing transaction.Because the forward delivery housing is not yet completes,the round turns are unable to go through the registration formality promptly.Present hosing,although may register promptly.Some possibly also has the situation which the related certificate has not handled completes to cause the registration not to be able to handle.Therefore,after litigant both sides achieve meet one's satisfaction,needs procedure which period of time prepare to register.but this period of time gave exactly betray the human to provide the opportunity to be exploited.In"a thing two sell" in situation,when the latter contract is invalid outside.if the vendee does not have violates the preceding creditor's rights intentionally the goal.,then betrayed the contract note which the human and the latter vendee worked out still to effectively to establish.When betrays the human to conclude the contract after the third person and to handle the official registration,The original vendee benefit then directly receives the violation.Although in the law of contract violation responsibility may retrieve the original vendee's partial losses,but its subject matter shifting creditor's rights requested that the power will be forever unable to realize.If continuously for a long time hence,all vendees will hold to the real estate transaction suspected,Inevitably influence real estate trading market stability.This article studies the advance notification registration system is for the purpose of protecting take obtains the house real right as a goal,Vendee's benefit establishes a civil legal regime.Advance notification registration system take risk guard as value orientation,the protection anticipates the house real right vendee.The advance notification registration system stems from Prussia.In German,Japanese as well as in our country Taiwan area's code civil has the explicit stipulation,is in the real estate real right system the indispensable constituent.Our country "Reality of laws","House Registration Means" have also carried on the stipulation to the advance notification registration system..But,because the advance notification registration system in our country is a new system, "Reality of laws" the stipulation is too simple,although "House Registration Means" to "Reality of laws" the stipulation has carried on certain refinement,but is beginning reckoning the time,the applicable scope,the start-up procedure and so on not to improve.This article namely henceforth angle embarking,elaborates to the existing system flaw perfect suggestion.This article altogether divides into four parts:Altogether approximately 3 ten thousand charactersThe first part,is mainly to the advance notification registration system's outline.The advance notification registration system is refers to preserve take the real estate real right change as the sign the creditor's rights requested the power sets up a registration system,has the dependency,the temporary.According to different taxonomic approach,May give advance notice that the registration divides into the entity the advance notification registration and the procedure advance notification registration.About the advance notification registration's legal nature,has three opinions,but the author believed that advance notification registration,the creditor's rights real right said.Therefore,gave advance notice that the registration should belong to the real right creditor's rights nature.The second part,is mainly carries on the introduction through the comparison to various countries' and the local advance notification registration system.Through German,Japanese, our country Taiwan area,UK-US country contrast,draws the conclusion..Germany's advance notification registration system does not allow take the creditor's rights change as the content request power to be suitable the advance notification registration.But in Japan,gave advance notice that the registration is called the false registration,the false registration suitable scope is more widespread,has the real right change pattern which this kind of difference's reason is they use to be different,the Japanese false registration's applicable scope and Germany gave advance notice that the registration applicable scope and does not have the difference essentially.But our country Taiwan area advance notification registration system.Taiwan area real estate gave advance notice that the registration has carried to an extreme the state power involvement,this is also an insufficient spot which it legislates.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.This system take liberalism as guiding principle.The third part,mainly summarized our country's advance notification registration system's establishment and has induced the advance notification registration system's establishment to our country's significance.Before "Reality of laws" is established advance notification registration system,only the commercial housing sells in advance the registration to set up a file the system.This is not in the traditional civil law significance advance notification registration system,has with the advance notification registration system looks at the difference essentially,but under the specific historic condition,it has its existence significance and the necessity.Protects the creditor benefit,also played the positive role.Is opposite in the nationwide legal flaw,many local laws and regulations have made the stipulation to the advance notification registration system.But,these local laws and regulations regarding advance notification question potency stipulations are different. "Reality of laws" creditor's legitimate rights and interests as well as future our country will establish the unification,the consummation advance notification registration system to the advance notification registration system's stipulation regarding the safeguard real estate real right change,will have the great importance the significance.Afterward "House Registration Means",to "Reality of laws" the sense of principle stipulated that has carried on the refinement.These stipulations are to "Reality of laws" beneficial supplement.The advance notification registration system's establishment,from the reality and the theory two aspects regarding our country's significance is and profound.Is not only our country socialist market economy development objective need,is meets the civil law good faith principle requirement,is also realizes the legal order,the efficiency,,fairly,safe,the free core value need.The fourth part,is consummates our country to give advance notice the registration system's conception.Although the advance notification registration system already obtained the establishment in our country,but this system on present is imperfect.The article is mainly through and "House Registration Means" gives advance notice the registration system related stipulation analysis to present "Reality of laws",points out our country's advance notification registration existence insufficiency.First,speaking of the entity in,related advance notification registration system potency stipulation,what "Reality of laws" stipulated is the absolute invalidity.The suggestion changes:After advance notification registration,registers the volunteer to punish the real estate,cannot conflict with the advance notification registration protection right,otherwise punishes invalid.Specifically speaking,according to purchases in advance the commercial housing and the cash sale commercial housing different situation processes separately.Purchases in advance the commercial housing under the situation.According to "House Registration Means" the 67th stipulation,this time the house registration organization must give to handle.But under cash sale commercial housing situation,then possible to have the house property rights shift advance notification to register and to mortgage the advance notification registration.This time,because if the house owner sets up the mortgage or transfers the house property rights,arrives at the house registration organization to request once more to handle the registration,is not having the advance notification to register the obligee written consent the sentiment to wish,the house registration organization should not handle.But,if the house owner sets up the mortgage again by this house,because the advance notification registration has preserves the cis-position the potency,the house registration organization must handle,but this mortgage's position must after the house mortgage advance notification registration cis-position.Moreover,gave advance notice that the registration request power and the construction project first receive recompense the power the conflict question.The construction project first receives recompenses the power to have surpasses other rights the attribute.Must solve the project contractor first to receive recompenses the power with to purchase in advance the artificial request power the conflict key to lie in the perfect system.It Will establish the construction project through the registration way first to receive recompenses the power the existence to disclose to the society that causes when other people carry on with this project related transaction,may consider that exists in the construction project first receives recompenses the power the fact,so that to can trade the consequence to make anticipated reasonably.Speaking of the procedure,the author thought that "House Registration Means" to the advance notification registration system stipulated still existed waits for place of the discussion,like "Means" 67th and between the 71st 5th section have the contradiction,should take 71th as the standard.Lacks after the advance notification registration folk remedy application the volunteer contradicts the power protection.Entrusts with the volunteer to contradict the power by the necessity,since to civil law "fair just" principle maintenance,is also advantageous to this system's implementation.This article writing mentality is obtains from the advance notification registration basic outline,using the crosswise contrast's method,carries on the comparison to different national and the local advance notification registration system,simultaneously also utilizes the longitudinal contrast,the historical studies method carries on the elaboration to our country's advance notification registration system's establishment.The apply theory to reality,analyzes present "Reality of laws" and "House Registration Means" the related stipulation,unifies our country's actual situation,in view of the concrete question,proposed the author to constructs suits our country national condition the advance notification registration system's opinion and the suggestion..The author proposed the solution project contractor first receives recompenses the power with to purchase in advance the human to request that between power contradictory question,is precisely based on to our country realistic national condition consideration.Solves these two right conflict,is not only the real estate market need to develop,is maintains the social stability the request..Moreover,protects gave advance notice that after the registration folk remedy application's volunteer contradicts the power similarly to be also important.Entrusts with the volunteer to contradict the power by the necessity, since to civil law "fair just" principle maintenance,is also advantageous to advance notification registration system's implementation..The advance notification registration system in our country is an emerging system,how to cause the advance notification registration system to manifest the Chinese characteristic,adapts the Chinese national condition,is precisely the article solution difficulty and the innovation spot..