Advance Notice Registration System Research

Advance notice registration in real estate is a brand-new system in the new Law of Real Right. More attention focuses on the advance notice registration system with the increasing research upon Law of Real Right. This paper is to discuss about the construction of advance notice registration system within the real right law through theoretical, comparative and practical analysis. The whole text has about 40,000 words.The first, part is the theoretical research. In this part, historical introspection of the advance notice registration system introduces the conception and characteristics analysis. Advance notice registration is the advance registration guaranteeing the steady alteration of real estate right with the content of right to claim debt. It is characteristic of guarantee, priority and affiliation. The nature of advance notice registration is still in debates among the academic circle. The introduction of new perspective which is quasi-real right registration would create another interpretation of this system. In the latter part, the analysis of legal and economic value of this system indicates that this system reflects more expansion and infiltration of real right protection into the area of right in debts than the real right tendency this system shows. Its economic value lies in the solution of the asymmetric information between the two sides as well as protecting the right owner without abusing the right.The second part is the comparative research of the advance notice registration. Under methods of comparative and inductive analysis, this part conducts introduction of legal regulations in German, Japan, Swiss and Taiwan and concludes that regulations of advance notice registration system distinct among those countries and areas due to the different legislative modes. After the comparison of the establishment, validity and other related systems, these viewpoints come out: firstly, it is convenient to give certain validity to the intermediate acts which means it is invalid when these acts jeopardize the debt claims of the oblige instead of adopting a uniform way treating with intermediate acts before and after advance notice registration; secondly, it is necessary to set that debts under advance notice registration could be obtained in good faith; thirdly, advance notice registration system and the dissidence registration system shall not be separated.The third part is the practical research of this system. Based on angle of the pre-sale registration of commercial residential building, this part finds that pre-sale registration of commercial residential building is enormously distinct from the advance notice registration because the former is a kind of compulsory registration with strong affection of administration and the latter is a sort of volunteer registration which is a legal right instead of duty for both sides.The forth part is to emphasize on the interpretation of the advance notice registration regulations within the Law of Real Right and makes criticism to the loopholes. It is recommended that the law and regulations shall be perfected through expanding the scope of application of advance notice registration, clarifying the validity of advance notice registration and supplementing regulations with reference to the invalidity of advance notice registration.