On The Effectiveness Of The Notice Of Registration Of Real Property In China

The registration of advance notice is an important system about realestate right change in civil law. It aims at protecting the obligees whoexpect real estate right change based on their obligatory right of claim.So it places importance on keeping a lookout of risk. The registrationof advance notice which originates from Prussia and is provided for incivil law of the civil law system countries such as France, Swiss and Japanetc.Very clearly, it is a necessary part in real estate right system.Recent years, estate exchange will become more and more important ineconomic life with development of social economy. In foreseeable future,the registration of advance notice will be assimilated and used forreference in civil legislation.This article will begin with the difference between the registrationof advance notice and the formal registration and define the category ofthe registration of advance notice. According to the foreign registrationof advance notice system and our estate right change system, the authorwill analyze how the registration of advance notice protects obligatoryright of real estate so that to shape the theory meaning of protectingreal right of real estate. Because there is no systemic rule about theregistration of advance notice in our present Civil Law, these go againstbusiness security. Combining the practice, the author will raise up hisidea about constructing the system of the registration of advance noticesuited to the situation of our country. There are 4 parts in this article:The first part mainly from the comparison with the concept ofinvolving real notice of the basic issues on the registration system, andwith Germany, Japan, China's Taiwan region and the linkages between realnotice of the registration system.The second part is mainly changes in the concept of property rightson the basis of an analysis of patterns of change and the security, andin-depth study of real estate registration system for real change noticeinteraction: First, the registration of immovable property notice changesprotection;Second, the real changes and the scope of application ofregistration of notice credibility.The third part is on our registration system similar to the real estateproperty notice provisions of the legislation, noting that the problems,Such as the narrow scope of application for registration, the legal effectof provisions exist shortcomings.Fourth part is on our registration system similar to the real estateproperty notice provisions of the legislation, noting that the problemsIV mainly against our real status of the registration system analysisnotice, according to national conditions, to submit a notice of our realestate property registration system core-effectiveness insights,Thisbasic legal effect from the scope (such as the preservation of Shun spaces,the preservation of the rights of effectiveness), the effectiveness ofidentity, the effectiveness of restrictions on the exposition.