Advance Notice Of Our Commercial Housing Registration System

Advance registration is for the preservation of the creditor, the preservation of the property's overall request of the right to register in advance. Aims to promote changes to real property claims mainly claims can be achieved. Advance registration settings, effectively limiting the right to dispose of the obligor, the obligor notice of registration of the disposition and implementation of the purposes of registration notice will not be realized when the right to register the disposition of the people do not notice the force of law, and to promote the realization of creditor claims to protect the rights of creditors, payment security, have an important role in maintaining market order. Real estate development and management of commercial apartment building in the commercial housing units will be sold to the successful bidder in advance, by the successful bidder is to pay the housing fund under the sale contract and completion of acceptance in the housing to achieve home ownership after the sale of housing forms. Because of its non-reality of the subject transaction, a real estate sale doomed greater risk than the existing home sales, therefore need to establish the appropriate risk prevention machine, the system carried on the prevention and control. In light of this, the paper points out the creation of real estate sale notice registration system based on the value and effectiveness, and analysis of our current practice of the system deficiencies and exposure to new problems in the proposed real estate sale should be to build a sound system of notice registration proposed in an attempt to improve the real estate sale notice registration system benefits.This article is divided into four parts:The first part is a registration system for real estate sale notice the basic problems. This section introduces the basic theory of notice registration system, including the concept of registration notice origin, nature, characteristics, types. Houses for Sale is part of advance notice registration object in the form of special, in the interests of the parties the natural imbalance between the status quo. Developers use their own economic, status, knowledge of the advantages of real estate sale process harm the interests of purchaser, purchaser in its own to developers to avoid or prevent the wrongful act, and based on the current legal system is not yet full access to relief and protection situation. Commercial Housing registration notice is the essence of the right to make a request to be registered had exclusive, antagonistic, with the effect of property rights, Objective to avoid future changes in property rights in the process of both parties try to shift, arguing back and forth the emergence of such disputes, Further ensure the future occurrence of the claim only expect the possibility of legal effect Commercial Housing Registration System and the registration of opposition registration filing system for real estate sale are both differentThe second part is the real estate sale notice of the creation of a registration system based on the value and effectiveness. Notice registration system there is imbalance between the interests of real estate sale status of adaptation needs, but also conducive to protect the interests of the vulnerable futures. Commercial Housing futures both academic value have practical value. Houses Sold on the sale and the notice of purchaser registration system, the third person, the real rights of people, state power to the legal effect of such parties are not the same.The third part is a registration system for real estate sale notice the status of implementation of legislation and an overview and assessment.This section is divided into the existing legal provisions and practice, new problems of two major assessment. Among them, the law part of the "Property Law" promulgated for the dividing line, Respectively, "Property Law" on the real estate sale around the notice before the registration requirement and the "Property Law", "Housing Registration Measures" in the relevant provisions of the specific provisions introduced before further assessment, Occur in practice notice registration system for real estate sale triggered new problems should arouse our attention and thinking. This paper selects five to form a brief description and analysis of, respectively malicious use of advance registration,Collapse Houses for Sale,registration of infringement notice,sale of the building collapsed.The fourth part is the sale of Commercial Housing Registration System notice. This section is mainly in the above argument based on the perfect real estate sale Notice Registration System, Notice of registration based on the existing system deficiencies, improve in two ways: first, In the substantive law,Not only to judicial interpretation to refine the original provision, but also additional space on the relevant provisions of the law. Second, Procedural law, Situation of China, proposed to introduce a fair process, improve the hearing process, With a view to the future of real estate registration laws, rules, and registration system on notice to make more detailed and operational requirements.