On The Registration Of Real Estate

With the development of real estate market, there are some market behaviors against the interests of buyers such as “One thing to sell two times” and “Mortgage after selling” in today’s real estate market and advance notice registration system of real estates is an effective method of solving this problem. However, there are some serious legal loopholes and missing of advance notice registration system on China’s Real Right Law. This article elaborates the basic theoretical issues of advance notice registration system of real estates, including the theoretical issues and the controversial issues in today’s domestic and foreign academia such as the definition, the feature, the nature, the effectiveness of the advance notice registration system of real estates, and combines the present situation of legislation of civil law countries and regions in the thinking of comparative law and points out the China’s Real Right Law’ problems, and puts forward some specific procedural legislative schemes such procedural definitude of advance from advance notice registration to final registration and the corresponding rights of defense to obligor and defines the advance notice registration system of real estate’s effectiveness of preserving orders and protecting benefits after bankruptcy in order to provide advices to the supplement and complete legislation of China’s Real Right Law in the future.