Preview Registration System

Advance registration system is an important system on transference of real estate right in Civil Law, and taking risk prevention as value orientation, it aims to protect the claim of creditor's rights of the obligee expecting the transference of real estate right based on the real estate right. Originated from Prussia, it has a clear definition in the Civil Code of many continental law system countries, such as German, Switzerland and Japan etc and becomes an integral part of real estate right system. Recent years, as the vigorous development of social economy, real estate transaction is playing a more and more important role in economic life. It is foreseeable that the future civil legislation will probably absorb the advance registration system and use it as reference.By collecting and analyzing the legislation on advance registration system of different countries, the article continues to analyze its value, basic connotation and the system function, so as to put forward a specific design to perfect China's advance registration system. The article includes three parts:Part One Value Analysis of Advance Registration SystemThe protection on obligee by advance registration system represents the transference of creditors' rights into real right. The clear distinction between the creditor's right and real right lays a solid foundation to construct the property system of modern Civil Law in a law technical level. However, in the real trade relationship, the pluralization and complexization of social economic development make the interrelationship gradually unclear, which is the necessary reflection of social reality in the Civil Law, other than the classification of the right. Especially in real estate transaction, benefits of the party are huge and the real estate such as land is the property basis with the meaning of human subsistence. From the end of the creditor's right behavior to the completion of the transference of real right, there usually exists a time interval. In this condition, only damage compensation of breach of contract is not enough to guarantee the realization of the expected aim of the party. However, advance registration system endows the party with a kind of right; that is, through advance registration, the creditor's right is endowed with much real right validity, so as to constrain the transaction right of the owner, which finally protect the expectant aim. Advance registration puts the regulations in Real Right Law on the Obligation...