Research On Perfecting The Registration System Of Real Estate Advance Notice In China

A complete registration system is essential for property transaction order and also is a basis for property right. The Real Estate Property Preliminary Registration Law System aims to safeguard claim of right of credit, i.e. property right transfer. The system was primarily stipulated in German "Civil Code" and later developed into a mature system, which is prevailing in many countries. Chinese "Property Law" was published on 2007, and it established the property registration system for the first time in China. This system solved the problem that the right of creditors before the property right actually changed, makes debtors’ any other act of disposition cannot take legal effect. Typically prevent the phenomena of "a room two sells". Whether the system can generate good result in China is still pending, as there are still many problems left to be solved.Advance registration protects the creditor’s rights, however endowed with effectiveness to abatement of nuisance which belong to the real right. On account of such distinctiveness, advance registration became research subject of various specialists and scholars. The shortage of the advance registration system in our country gradually appeared, and flaws emerged in entity and procedure such as the irrationality of the occurrence of advance registration, the deficiency of the protection of obligors, the irregular of cancellation of advance registration, the ambiguity of registration organ and the heterogeneity of registered content.Through the comparison with foreign legislation on the content and measure of the interests of all parties, advance registration in our country shall adopt the adjustment of producing mode of advance notice registration, adjust the voluntary application to mandatory legal application after consensus of all parties, and add the advanced registration as the standard terms in the contract to be regulated. The object of the advance notice registration, in the breadth shall include some special movables,and in the depth shall be increased with the application of conditional and legal periodical contract and claim for alteration. Considering the effect of completeness, add the preserve sequence of advance-notice registration and notice the effectiveness of bankruptcy protection, alter the absolute prohibition to the relative prohibition regarding the preservation effectiveness. Render the obligor of the registration the right of defense and safeguard relevant parties in interest with deserved rights. In the cancellation of advance-notice registration, objections of parties in interest must be paid attention to, and set the applicant of advance-notice registration as the parties in interest. Clear up the beginning time of advanced-notice registration towards the official registration is the time when creditor knew such rights. These methods shall gradually improve the system.