On Real Estate Notice Of Registration

Advance registration system originated in Prussia. It is a relatively mature civil law system. When the registration is not available because of the registration under the conditions, It has been established for the protection of the interests of creditors and contract creation of a temporary registration system. Judging from China's current situation, the registration system is not yet ripe notice, in view of the positive effect of this system, to improve the system in the future to reduce real estate transactions especially in the risk of pre-sale housing, we need to research. the basic theory, as well as national legislative models .The legislation from different backgrounds, countries on notice of the registration requirement also to be different. This paper research attempts to foreign notice of the registration system with the theory and practice of the law of comparative research, to improve our notice of the registration system ,to put forward constructive views.This paper has the total of three parts, about 15,000 words.The first part of the notice is the registration system outlined. Main contents of the notice of a registration system is the origin and development , the concept of registration notice and nature; the effectiveness of the registration; the notice of the scope of application of registration and notice of termination of registration. Registration abroad will be on notice of the legal provisions and theoretical research done a lot of inquiring, in an attempt to China on notice to the contrary, the registration requirements.The second part will focus on analyzing China's housing sale of the legal system defects. China's implementation of the pre-sale housing registration filing system, unlike the mainland of the notice registration system, a mere administrative means .Moreover, the regulations do not provide the effectiveness of the registration and record, but also does not require registration will not have any kind of law consequences. Property Law Section 20 provides for notice of the registration system, also provides clear notice of claims registered preservation of the effectiveness of the right to request, but,effectiveness of the registration notice and termination of the scope of the provisions are too broad and lack of detailed,operational requirements.Notice for the third part of the registration system is highly technical and operational strong legislation, and in view of the legal flaws of this system, the authors put forward the few measures to improve the registration system. If China should adopt comprehensive legislation model, in a notice in the Property Law registration system, the next bit of notice of the registration system in a detailed provisions on the adoption of a registration system for foreign notice of the legal provisions and the basic theory of comparative studies, combined China's existing laws and regulations provides that the registration should take notice of the voluntary registration ;the legal registration requirements should take the form of review of the way the notice of the effectiveness of the registration; the scope of application and termination should make a comprehensive and reasonable; advance registration should be carried out centrally by the judiciary.In this paper, using a comparative study of methods, comprehensive view of the parties from each other, put forward own views, such as giving notice of registration should be voluntary registration, the registration notice of the legal elements of the form should be taken to review, the registration notice from the judiciary should be unified, notice should be registered clearly defined and bankruptcy protection with the protection of the effectiveness of China's legislature should take notice of registration comprehensive legislative mode, the application of the registration notice and termination and abroad should be consistent with current practices, and so on.