Research On The System Of Advance Notice

Advance notice registration system is an important system from Germany civillaw, which crosses the two areas of creditor law and property law and is designed toguarantee the creditor’s right and the realization of the right of claim of the changesfor the property. The theoretical basis of the formation of the advance noticeregistration system is the strict distinguish between the property right acts and claimsacts in the German civil law. In the reality of the changes for content transactions,there is a certain time interval in the establishment of the creditor’s rights and therealization of the change effect of the real estate property right. And in this intervalduring within, holder of the real property (i.e., advance notice registration obligor)may be conduct other disposition acts, which could damage or obstruct the claims ofthe creditor (i.e., advance notice registration holder). So the advance noticeregistration system is set to protect the claims of the creditor from the subsequentdisciplinary action of the advance notice registration obligor by giving property effectto the claims of the creditor.Due to the advance notice registration system only applies to the creditor claimsfor the purpose of the change of the title of the real property, and the real estate titletransfer shall be registered as an element of the entry into force. For real estateproperty rights changes, the German civil law adopted the uniform that real onlytaking effect after registration, but in China, only a part of real estate property rightchanges takes effect after registration. Thus, contrasted with Germany, the range ofthe object of advance notice registration in China is narrow and limited to the claimsof the real estate property right changes of the creditor which takes effect afterregistration.Registration in secured claim asking for the main way is through the realizationof the right of the obligee (advance notice registration duties) the effects ofsubsequent disposition acts for the design and implementation of. Advance noticeregistration itself is considered to be a disposition of the obligee, so advance noticeregistration does not impede the right of disposition authority. Thus, in Germany law, advance notice registration in addition to guarantee effectiveness, also have the effectof rank preservation. In addition, Germany civil law, advance notice registration alsohave enforcement in insolvency proceedings and proceedings against them. Registerof advance notice registration system in our country has adopted a freeze, limit thesubsequent disposition of the obligee, thereby causing the internal logicalcontradictions of China’s legal system. In addition, the law to eliminate leadingadvance notice registration set up3-month term is also contrary to the advance noticeregistration as an obligatory means of realization of the right to request guarantees oflegal nature. Therefore, this article is intended to pass on Germany study on advancenotice registration system in civil law, reference to Japan and China’s Taiwan-relatedprovisions to comparison and review of advance notice registration system in ourcountry, in order to advance notice registration system designed to be more perfect.This paper is divided into four chapters, each chapter read as follows:Chapter I describes the theoretical basis of advance notice registration system.Publicity principle of real right change, real estate registration and real right andcreditor’s rights to distinguish the separation principle is the theoretical basis ofadvance notice registration system. By comparing the States take legislative mode ofreal estate registration, thus establishing the basis of the writing of this article is basedon the legislative mode of registration of real property entered into force.Advance notice registration system is discussed in chapter two basic questions.Analysis of advance notice registration system and to explore the role of itsfundamental characteristics discussed the legal nature of advance notice registrationsystem through comparative analysis of causes of smaller scope of advance noticeregistration system in our country and object.Chapter III focuses on the effectiveness of advance notice registration system.Through comparative law-registration has the effect and effectiveness of the obligeeafter the advance notice registration Act of disposition for analysis, describing internallogical consistency in the law of comparative law, compared with existing provisionsin China, pointed out that there is a problem.In the fourth chapter we focused on transfer of advance notice registration system and eliminated. Discuss the advance notice registration transfer andelimination of specific circumstances. Transfers for advance notice registration ofacquisition in good faith in focus, in eradication, it focuses on the analysis of existingprovisions on the registration in the eradication of unfairness set a fixed period.