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Advance Notice Registration System Research

Posted on:2009-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:J YanFull Text:PDF
GTID:2206360272959627Subject:Law
Abstract/Summary:PDF Full Text Request
The advance notice registration of real estate has a long history and strong vitality in Germany, Switzerland, Japan and some other Civil law countries. The advance notice registration is a registration system for real estate registration, On the contrary of official registration. It happens when the changes in the real estate property rights are lack of the necessary conditions and it is to protect the future registration rights of Property changes. Essentially, its purpose is to protect the rights of the requests in contract, which can be achieved smoothly by the advance notice registration through the restrictions to the rights of people's Dispositions of real estate. It has been included in the "People's Republic of China's Law on Real Right", which has started to implement from October 1, 2007. After all, As advance notice registration is still a relatively new system in our country, Making the further study of it has great values to the improvement of the theoretical and practical study of Property publicity. Advance notice registration system is also an urgent need for real life, As the real estate market of China becomes increasingly matured , Pre-purchase Premises transactions appeared in large numbers, in the respect of Protecting the safety and stability of real estate transactions, Advance notice registration system is imperative. In this paper, based mainly on civil Theory of Advance notice registration system, mainly pays attention to the specific application in China's Legal Practice. Through the analysis and study in theory and practice aspects, the content of the article can be divided into four major Chapters:First chapter, Studying on the overall of the Advance notice registration system in China's Real Right Law. This paper analysis the Advance notice registration system from the point of view of Legislative causes, the Concept, the features and the Legislative Value of Advance notice registration. By comparison with the concepts of relevant concepts, thus boost the overall grasp of the system.The second chapter, Through the analysis of the legislative background of the Advance notice registration in china, this paper introduces the history of the Advance notice registration's process of Generation, development and eventually been adopted by " Real Right Law" in china. The author Focuses on China's practical application on this system, With time as the choroids, Comparative Analysis of Nanjing and Shanghai local laws and regulations about Advance notice registration, the paper also has extended to " Real Right Law" and the Ministry of Construction "housing registration Approaches" . The purpose is to achieve the Theory and practice's better integration.The third chapter is mainly about the comparative analysis between Germany and Japan. As they are two different legislation models, there are significant differences between the two countries' advance notice registration, such as the nature of Preservation rights and scope of the protection rights. But the purpose and effect of the advance notice registration in these two countries is similar. Germany and Japan's system are worthy of reference to our system. But we should learn their experience In view of the model legislation and specific conditions in our country and we shouldn't blindly copy.The fourth chapter, by study and analyzing the practical problems encountered in China's advance notice registration system, such as the rights to request and the defense issue, Solving the conflict rights in China's registration application, the Scope of the Advance notice registration etc, the purpose is to better solve the socio-economic realities in the development of legal issues in socio-economic realities and better serve the building of socialism in China.In short, the Advance notice registration system can protect the rights of the Real estate buyers who are in a weak position. This is also the purpose and Value Orientation in the process of building a harmonious society. Setting up Advance notice registration system is perfect to establish a unified real estate registration system which is an urgent need. With the promulgation and implementation of the Law on Real Right, a package of the system on Advance Notice of the real estate registration system will be released. It is a very big reality Significance in the process of building a Unified Perfect real estate registration system.
Keywords/Search Tags:Advance notice registration, Effectiveness of the registration, Official registration, Pre-selling of commercial housing
PDF Full Text Request
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