Advance Notice Registration System Research

The registration of advance notice is an important system about real estate right change in civil law.It aims at protecting the obligees who expect real estate right change based on their obligatory right of claim.So it places importance on keeping a lookout of risk.The registration of advance notice which originates from Prussia and is provided for in civil law of the civil law system countries such as France,Swiss and Japan etc.Very clearly,it is a necessary part in real estate right system.In recent years, with the prosperous development of social economy, real estate exchange occupys a bigger and bigger proportion in our economy. To meet the needs of Socio-economic development, based on the lessons of abroad legislation and the reality of our country, the registration system of advance notice for real estate was established in Property Rights Law,which was passed in the Fifth Meeting of the Tenth National People's Congress in March 16th in 2007.Starting with the conception of the registration system of advance notice for real estate, this thesis elaborates the legal sense and nature of this system. Through the comparative study about the foreigh basic theory about the occurrence, effectiveness, and eradication of this system. It analyses the system for the protection of creditors involving the exchang of real estate rights. It also makes the assessment about the system in China's Property Rights Law and gives some suggestions about how to improve this system.