On Definition Of The Scope Of The Applicant Of Vormerkung

Vormerkung,approximately similar to Registration of Caution,is significant to Real Right Law system.Reflecting the current laws and decrees,the writer finds it's improper to define the applicant of vormerkung as the two parties to a real right contract and only permits unilateral application to start up vormerkung under strict restrictions as derogation.The doctrine set by the law is a totally defect of substance since the start-up of vormerkung is imposed in the ethics of the obligor of the real right contract.Vormerkung is security to the creditor of real right contract by nature.The content of vormerkung is a restraint on the right of disposal to the subjected title by mutual agreements of the two parties,which must be registered in the real estate registry for public summons to produce a duty in res.Since the start-up of vormerkung only takes place by application,therefore the applicant of vormerkung and its scope shall be defined.From the point view of the writer,the applicant of vormerkung shall be involved in the changing ofjus ad rem initially.It means the applicant shall be the party to a real right contract Secondly,due to the complexity of signing the aforesaid contract, declaring the aforesaid will,and filing an application,the applicant shall be a person with demanded capacity.Thirdly,the applicant of vormerkung shall hold the right to claim vormerkung.The right is based on the real right contract and the consensus of vormerkung,thus the applicant is motivated and promoted to file an application. Lastly,the applicant of vormerkung is to attain a definite purpose by his act of application,that is,to submit the consensus of vormerkung to the registry.Therefore, the applicant of vormerkung shall only be the contractual party who holds the right to claim vormerkung and seeks the protection of vormerkung simultaneously,to be precise,the creditor of the real right contract.The first part of the thesis is a brief introduction to the definition of applicant of vormerkung and the legal meanings of defining the scope of it.The second tries to analyses and comment on the definition of the applicant of vormerkung by the current laws and decrees.The third introduces the foundation to define the applicant of vormerkung firstly,and then tries to set defining criterions.In this part,the writer sets four criterions as follows:involved party to a real right contract,due capacity to the applicant of vormerkung,right to claim vormerkung and the purpose of the application act for defining the applicant of vormerkung.The writer also discourse the reasonableness of her criterions here.The forth part is to define the applicant in four different circumstances which vormerkung shall be applied.In the end,it is the writer's conclusion.