Preview Registration System

The advance notice registration is a real estate registration for preserving the claim which is in the purpose of real estate changes happened in the future,claiming to safeguard the interest of creditor,playing an important role in regulating the order of real estate trade,and giving claim the exclusive property right,it is qualitative with a system for the method of property debt across.This system in Germany,Japan and other countries is more mature,in our country,although local regulations has been issued the advance notice registration before the promulgation for the property law,but the law forecasting the establishtion of the advance notice registration is the property law.The article 20 of the property law provides the scope,occurrence,validity and eliminate of the advance notice registration,but compared with the advanced foreign legislation,the Chinese regulations still appear general and abstractly,and lacking of the practice,some contents are still to be further discussed and perfected. the author proposes the legislation proposals perfecting the advance notice registration adoping the method of the comparative analysis,through the study of relevant provisions of foreign and related regulations of china.The research of the advance notice registration is mainly around the validity of the advance notice registration.The paper studies the nature of the advance notice registration,its purpose is to define more clearly the validity of the advance notice registration,and the nature and the validity are unable to do without the claim that the advance notice registration preserves,the nature of the advance notice registration maily researchs the nature of the claim that the advance notice registration preserves.The validity of the advance notice registration mainly defines the validity of the claim which the advance notice registration itself gives.Both are around the claim for the advance notice registration,therefore,the part of the paper researchs the claim that the advance notice registration preserves.The occurrence,transfer and eliminate of the advance notice registration are related with the development of the validity of the advance notice registration,this section is also play an indispensable part of the advance notice registration.The basic theories of the advance notice registration are the most basic cotent,which lead the whole article.To sum up, this article is mainly divided into five parts:The first part The summarization of the advance notice registration.This section mainly introduces the conception,characteristics,historical background and the sense of the advance notice registration.The advance notice registration is the improtant part of the registration,which is different from the registration.It has dependency,guarantee and temporary,,the advance notice registration has the socialist essence of malpractice and strong practical significance.The second part The scope of the advance notice registration.This part mainly discusses the object of the advance notice registration and the claim that the advance notice registration preserves.The object of the advance notice registration is mainly that the advance notice registration is mainly applicable to personalty or real estat.The other side of this part mainly discusses the characteristics,the scope and the cause of the claim that the advance notice registration preserves.Different countries provide different scope of the claim that the advance notice registration preserves,it has business with the mode of the change of real right.The author puts forward the Suggestions for the legislation in China,through researching the foreign legislation and Chinese legislation about the the scope of the claim that the advance notice registration preserves.The third part The nature of the advance notice registration.The nature of the advance notice registration is the nature of the claim that the advance notice registration.the validity of the claim changes after the advance notice registration,the nature of claim still has difference -"right said,special claims said,compromise said".the author thinks finally the nature of the claim is the special claim through the research of the differenf saids.The forth part The validity of the advance notice registration.Theoretical circles have existed "three validities said" and "four validities said "on the validity of the advance notice registration.Actually two kinds of views are not too big essence differences.It is a problem whether "warning"should be included in the validity of the advance notice registration.this paper which is as the right preservation effect the key, With relative invalid mode as the base,discusses the related issues about Intermediate disposition and also discusses the advancing procedure from the advance notice registration to the registration.chinese legislation dosen't provide the overall preservation effect and bankruptcy protection effect, both of them should be perfected in future legislation.The fifth part The occurrence,transfer and eliminate of the advance notice registration,the occurrence of the advance notice registration requires a certain condition,which contains physical conditions and procedures.this part research mainly around the procedures of the occurrence of the advance notice registration.The property law provides the eliminate of the advance notice registration,but doesn't provide the transfer of the advance notice registration.Through researching the foreign legislation,we can find the lacking of Chinese legislation and put forward suggestion to perfect the study.