Registration Of Caution In Real Estate Transactions

Registration of caution originate from the Prussian law and is a important system in Property law of the Civil Law.It is designed to safeguard the buyers expecatations of home ownership without hindrance,when the registration requirement is not satisfied or process did not complete.In the representative country or region of the Civil Law, registration of caution has already a significant part of real estate registration institution.But our country researchers begin to make a more detailed study after the Property Law promulgated.Because many examinations happen at the surface,its basic function is not associated with implementation status,and this make the role of concrete operation in fuzzy state.That is why registration of caution regulations is so simple in the Property Law.After the introduction of Housing Registration and Land Registration>, registration of caution have also been involved,and the former provisions in more detail,the latter only a simple provision.These two legal norms only are outspread about the Property Law,and still not establish complete registration of caution system.Since the Property Law took effect,the current status of registration of caution system is not satisfied.As the most important content in real estate market,its position should provide sufficient protection for buyer.With the mature of real estate market,sellers are facing more risks which have a potential bad impact to house ownership except"a room the second sell",such as the priority claim of construction project price or public authority acts.These must be resolved by means of registration of caution.Only available to homebuyers with perfect system that prevent risks of the process to obtain house ownership, real estate market get a long-term development.The starting point of this paper is to clarify the buyers'risks in house transactions.On this basis, registration of caution help buyer to acquire building property purpose in the future.Also this paper learn the advantages from foreign or other areas to restore the essence of registration of caution by comparing similar provision with Germany,Japan and Taiwan.This article altogether divides into four parts:about 3.3 million words.The first part is registration of caution in real estate transactions.Firstly,this paper introduces the risks that threaten buyers'expectance in the sale of commodity house.Those risks aris from the agreement relativity of house sale or the power conflict between public and private.Secondly,the methods of prevention risks are mainly three types:real estate advance sale cntract registration, registration of caution,final registration.Against the three prevention measures,role of registration of caution have the widest scope and the maximum importance.Pre-registration record can't paly an exclusive activity.Although final registration is certain,only after registration of caution,buyer is ability to become one party in registration.Finally,this paper give an account of the basic theory of registration of caution,including concepts,features,value that these are the registration of caution system establishment foundation.The secend part is distinguishing registration of caution with real estate advance sale cntract registration and final registration.Through detailed analysis,we can find out the essential nature of registration of caution and emphasize its necessity.After two sections of the paper,it is concluded that drawing the association between three system,then proposes the possibility of replacing real estate advance sale cntract registration with registration of caution,and registration of caution advance to final registration.The third part is discussing the effectiveness of registration of caution.Without such effect, registration of caution will be invalid.This section compares Germany,Japan and Taiwan region on the effectiveness of registration of caution provisions,and point out the deficiencies of effectiveness in the Property Law and Housing Registration.In addition,this paper analyses probable effect obstacles in the realization process which involve the priority claim of construction project price , lease rights and public authority,then get the best ways to settle these rights conflicts under consideration.The fourth part is the improvement recommendations of registration of caution.In accordance with time order from occurrence to elimination,the paper talked about various aspects which should be make better.First,in the occurrence procedure of registration of caution,application for registration,review of registration authority,issuance of registration certificate recive many advices.Second,in the effectiveness section,the content of effectiveness,registration of caution advance to final registration and the defenses of registration obligor should be clearly prescribed.Third,in the elimination part of registration,this paper mainly mentioned the emancipation of registration,the reason of ineffective registration,the time standard of effectiveness elimination.In this paper,the buyers risks in real estate transactions as a starting point, registration of caution shall be made to help housebuyers avoid the risks;Meanwhile,the existing registration of caution has many shortage to protect buyers by the value analysis and comparison;Then,this paper discourse the solutions of these defects.The author believe that registration of caution should focus on the buyers'risks to improve relevant provisions.After the consider of registration value and effect,the paper advocate canceling real estate advance sale cntract registration and analyzing the relational value conflict. Additionally,this paper raise some improvements about occurrence, effectiveness, elimination of registration of caution.Especially in the aspects of application for registration,review of registration authority,issuance of registration certificate, the author try to explain problems within existing legal provisions. These are the innovations of this paper.Only if set up perfect registration of caution,so as to achieve practical results and play its due role,housebuyers face down the risks of real estate transactions,and maintain the stability of our real estate market,which is the purposes of this article.