Research On The Advance Registration In Real Estate

Advance registration system started lately in our country, but it is a mature property rights system in civil law countries and regions. Advance registration system, which is stipulated in the twentieth clause of the Property Law in our country, has certain limitations in many respects and its effects cannot bring into play entirely. As a result, if we want to establish complete advance registration system in our country, we need to think about our country’s actual situation, study the legislation of related countries and regions thoroughly. This paper investigates related issues about advance registration system, and looks forward to completing the Property Law and real estate registration act. Except the preface and conclusion, this paper can be divided into four parts.The first part is the connotation of advance registration system. This part uses the historical introspection of advance registration system and analyzes advance registration system in other countries and regions in order to generalize its connotation and feature. Advance registration is a former registration. Its object is special claims which have property rights’character. Its essence is preserving future alteration of real right can advance to final registration smoothly. Advance registration has guaranteed, subordinate, prior, temporary and other features. We further definite its connotation through comparing advanced registration with registration, objection registration and prohibition.The second part is the claim which advance registration preserves. This part points out that the claim which advanced registration preserves is special through discussions at home and abroad. Through the comparative analysis of legislation at home and abroad, we can reach the conclusion that the claim which advance registration preserves contains.The third part is the alteration and effectiveness of advance registration. The occurrence of advance registration needs substantial element and procedural element. The substantial element is the presence of the claim about alteration of real right "which needs to preserve. The procedural element is the obligor’s assent or the court’s dummy disposition. In principle, advance registration should transfer with claim. The reasons of the elimination of advance registration contain:elimination of registration’s reasons, right holders give up or do not perform rights on time and property right holders have right of defense. The effectiveness of advance registration is the core issue in the whole system.The fourth part is the present legislation of our country’s advance registration and its improvement. The registration of real estate pre-sale first appeared in our country is not advance registration. There are substantial differences between them. The registration of real estate pre-sale is mandatory registration, which has dense doctrinism. It is a management method of real estate transaction. However, advance registration is voluntary registration, which is a right given to both sides involved by Property Law. Before promulgating Property Law, several local legislations have done useful attempts in advance registration. Although advance registration stipulated in Property Law has shines, it also has inadequacies. Current law should perfect in its system.