Research On Pre-register System

The distinction between right in rein and creditors' right constitutes the ridgepole in the modern Civil Law system of properties rights. In most cases, consent of creditors right is the root cause of property rights transferring, therefore, the system of properties rights in Civil Law is constructed when the combination of right in rein and creditors' right is completed. With the development of modern commodity economy, the gay of right in rein and creditors' right is strengthened more and more, and this situation attaches immediate impact on the trading securities and the fulfillment of the oblige. Pre-register system is a traditional system in the Continental Legal System, and it plays a crucial role in fulfill the gap between right in rein and creditors right in order to protect the trading securities.The transferring model of right in rein in our country is Creditors Rights Externalism Mode, which has caused ambiguous state to the peculiar Real Right before the registration is finished and after the consent is construed. Wha' s more, lawless person try to make used of such a ambiguous state to harass the obligee' s interest by means of selling the same house for many times and so on. In order to protect the obligee' s rights, pre-register system is established officially when the Property Law of People' s Republic of China comes into force, which means that the legal protection for the trading securities has come into a new stage.It' s generally believed that the object of pre-registration is the right to claim, while disputes are aroused towards the scope of application. However, the principle must be grasped that it should be coordinated with the development of the economy and the local system of property rights, such as the rights transferring model. And it' s validity includes validity of preservation, synposition, completed, and precaution, of which the validity of synposition is the most important.This paper discusses the object, nature, value, validity and some core problems of pre-registration from the simple explanations to the profound theory through comparison work in order to clarify the legislative purposes , perfect the pre-registration system and protect the trading securities.