Preview Registration System

The advance notice registration of real estate was the highlight of the property law, which was passed in March 16^th, 2007 and was carried out in October 1^st, 2007. Before this, there is an urgent legislature demands for the advance notice registration of real estate and related rules due to the economic development of China. Many experts and scholars stress this subject and there were lots of compositions accelerating the introduction of this system. The advance notice registration of real estate is a well-rounded system of property law from the angle of comparative law while it is just set up in China recently. However, this new system, with the excessively concision of description and no system integrity and no connection with related rules, is hard to execute and can not accommodate to the present needs of China. In this article, the author makes explanation and comments on the Article 20 and relative rules on the basis of comparative law through comparative analysis, logical analysis, economic analysis and historic analysis. There are more than 30 thousand characters in this article divided into four parts. The author hopes that we can know by a handful the whole sack. Meanwhile the author believes that the stones of those hills may be used to polish gems.In the first part of this article the author researches on the connotation and the nomological foundation of the advance notice registration of real estate. The author defines the basic meaning of the advance notice registration of real estate from the angle of comparative law and differentiates the dissidences legislation system and the advance notice registration of real estate, therefore, concludes the basic features of the advance notice registration of real estate. The author considers that the advance notice registration of real estate is a kind of registration which is used to preserve the real right to occur in the future. After this, the author discusses the nomological foundation of advance notice registration. All mentioned above is to understand the basic situation and to lie the foundation of the following research.In the second part the author researches on the nature of claiming right preserved by the advance notice registration. The author believes that the nature of claiming right preserved by the advance notice registration represents the true meaning of the system. After reviewing the related regulations of German law and the domestic theories, the author concludes that the nature of claiming right preserved by the advance notice registration is the combination with claim as its content and real right as its effect. Therefore, it is essentially a claim endowed with the effect of real right due to the registration. This is the preconditions to research on the applicable scope, the advance notice registration procedures, the effect of the advance notice registration and to explore the solution mechanism of right conflicts.In the third part I focus on the applicable scope and the advance notice registration procedures. In this part the author comparatively analyses the applicable scope in the law of other countries and regions. Then the author analyses the research and legislation in the mainland of China which had been done before the real rights law was passed. On that basis the author researches on the applicable scope of the advance notice registration in the law which is to carry out in the mainland of China after the real rights law was passed. The author considers that the mode of alteration of real right between China and German is similar. So the applicable scope of the advance notice registration in German law is a good example for us. Then the author summarizes his suggestions. All the mentioned above is used to discourse the relevant portion of the procedural problems for the advance notice registration. The procedural problems for the advance notice registration is another focuses in this part. On the basis of analysis about the nature of advance notice registration behavior which is mentioned above and the comparative analysis about the relevant law of other countries and regions, the author researches on how to apply , to examine and to wipe out the advance notice registration. Of course, when the author researches he realizes that the research must combine with interpretation of the relevant law in our real right law and the basic situation of our country's background. This part the author researches on the body of application and the starting mode of the advance notice registration mainly. The aim is to strengthen its maneuverability.In the last part I focus on the effect of the advance notice registration of real estate. The related description of China's property law is too concise to meet the needs of complicated legal relationship regulation. The key point is that the research object is ambiguous or absent. The author covers the related regulations in Germany, Japan and Taiwan of China and analyses the fundamental effect the system ought to have. Comparing this with the present regulations of China's property law, the author thinks that our regulations only stipulates effect of the preserve right, but neglected the other effects. It constrains the application of the advance notice registration system and abates the legislation original intention that the advance notice registration ought to be the fundamental rules to regulate the legal relationship in a certain area. It is a progress that the obligations of the falsities of the advance notice registration is legally clear, but it also leads to various basic mistakes both on substantiality and on procedure. Microcosmically, the author proposed some advice to solve the problem of right conflicts after analyzing the advance notice registration system of the house-preselling and the bankruptcy system.