| The implementation of Real Right Law of the People's Republic of China on Oct.l, 2007 established the regulation of preliminary registration of the real estate for the first time by the national legislation form. Preliminary registration uses the registration form of publication to strict debtor's right of disposition, to clearly define the burdens of the real estate, to guarantee the first registration carry out smoothly and ensure the transformation from obligation to real estate successfully. The special functions of the regulation decide that it can balance the benefits of litigants, protect the security of real estate transactions and promote the healthy development of the real estate market. And it also has great significant on caring for people's well-being, maintaining stability and promoting harmony. The article also scientifically defines some important theories, such as the definition, nature, scope and effectiveness etc. And it probes into the current legislative defects of regulation of preliminary registration and the conflicts among Contract Law, Guaranty Law, administrative lawsuits and proceedings of execution. The article puts forward feasible plans that can solve defects and conflicts to promote the effective applications of the regulation of registration of the real estate, and it also provides some references to enact Registration of the Real Estate. |
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