Research On The Pre-sale Contract Registration

Setting the coming up and constant perfection of the notice registration system as the background, this paper starts with the comparative analysis of legal values between the pre-sale contract registration and notice registration, and then has explored the necessity of the continuing existing of the pre-sale contract registration system and finally has made the conclusion that it is unnecessary for the existing of the pre-sale contract registration system. So this paper suggests that this system can be considered to be cancelled from our nation's existing real state pre-sale legal system and has proposed some advices about relative system adjustments after the cancel of the pre-sale contract registration system.This paper is divided into four parts with about 30,000 words together.The first part is the basic theories of commercial housing pre-sale contract registration system and notice registration system. And this paper consists of four parts. The first part introduces the historical origin and features of our country's commercial housing pre-sale system and the specific provisions related on it; the second part presents the concept of our nation's pre-sale contract registration system and positive law rules; the third part makes a statement about the concept and historical origin of the pre-sale registration system and its development situations in our country; the last part states the debates of our academic circles about the similarity and difference between the pre-sale contract registration and notice registration.The second part is the analysis of the legal value of commercial housing pre-sale contract registration system and notice registration system. The author divides the functions of the pre-sale contract registration into four aspects:publication administration function, protection function for pre-purchaser in public law, function that the registration of pre-sale contracts has no effect on the effectiveness of pre-sale contracts. Furthermore, the author considers that, superficially speaking, the most important function of pre-sale contract registration is publication administration, but its function in nature and original intention still is to protect rights and interests of pre-purchasers. Therefore, thought value compare of these two systems, the author holds the idea that the original value of pre-sale contract registration is accord with the notice registration-established for protecting rights and interests of pre-purchasers. Meanwhile, from the perspective of legal validity of these two systems, for notice registration is more powerful than pre-sale contract registration in protecting rights and interest of pre-purchasers, thus the establishment and perfection of notice registration make the effectiveness of pre-sale contract registration in protecting pre-purchasers become greatly reduced.The third part is the explosion of the necessity of the existence of pre-sale contract registration system under the constant perfection of notice registration system. The paper discusses it from five levels:theoretical bases relied by pre-sale contract registration system being shocked from notice registration system, all kinds of defects that exist in pre-sale contract registration system in itself, practical problems caused by double registration, the doubt about the rationality for taking pre-sale contract registration as the precondition of the notice registration and discusses about whether the pre-sale contract registration system should be conserved or abolished from academic circles. Then this paper has made the conclusion that it is unnecessary for the existing of the pre-sale contract registration system and it should be cancelled from our nation's existing commercial housing pre-sale legal system.The last part is suggestions about some assistant measures after the cancel of pre-sale contract registration system. The pre-sale contract registration system has walked through its way for 16 years from its starting in 1994 to the recent. Although this system is not desirable enough, it has had great effect owing to long time practice of it. So in the process of cancelling it, we must be aware of preventing relative parties'rights and interest from being affected because of breakup in system levels. The author thinks that, to get rid of adverse impacts on pre-purchasers after the cancel of pre-sale contract registration system, we should further improve current notice registration system in order to increase the practical proportion of notice registration taken in commercial housing pre-sale.