Study On The Disposition And Effect After Pre-registration

In the actual registration of real estate legislation, Real Estate pre-registrationsystem is corresponded with the registration. Its purpose is to achieve the claims, andProperty rights of subordinated claims. Simply put, the pre-registration is such systemin order to successfully achieve the change of property rights in the future.In debiting legislation mode, the actual completion of the transfer of realproperty is required to meet two acts--claims desirable and real estate registration act.In order to guarantee the normal trade order, and the buyer ‘s. Acquisition of realestate property rights after completion of the claims desirable, the pre-registrationproducing.However, after pre-registration completed, before the real registration, change ofproperty rights does not really achieve, Registration obligations are still the legalproperty rights for all. Therefore, there is a greater time interval between the claimsdesirable and the change of Property Right. During this time, in order to pursue thegreater good, registration obligation may tear up the original contract for the sale ofreal estate, disposing things again, especially in the current sale of real estate. How toidentify the effectiveness of this behavior has two points, Absolutely Invalid doctrineand relatively invalid doctrine. Absolutely Invalid doctrine believes afterpre-registration, all disposition is Invalid. Relatively invalid doctrine believesdisposition which against the change of property rights is Invalid. I believe we shouldnot direct the disposition valid or invalid, but give the right to against., when thedisposition harm the right of registration of rights holders. Against the force as aright, the right holders may abandon it, so as to balance the interests of the parties, tomaintain fairness and order in the real estate transaction.In addition to the disposition from the registration of obligors, In order to solvethe conflicts, balanced interests, the Government but also may be disciplinary actionsto real property. How should we identify the effectiveness of such a disposition from the public law. There has two points: versus mode and non-confrontation mode. Thecountry using versus mode argues: the right to pre-registration higher than thenational public authority sanctions effect., such as the provisions of the German CivilCode. The country using non-confrontation mode argues: the right to pre-registrationlower than the national public authority sanctions effect., such as the provisions of theGerman Civil Code. I believe whether the right from Pre-registration righter canconfront the disposition from government can not be generalized. We should divide itto two situations: for public welfare or for private interest. The former can confront,but the latter can not confront. But after the government achieving the purpose, itshould give the pre-register a reasonable compensation. About the specificcompensation standards, on the basis of comparing private and public interests weshould use reasonable compensation mode.Pre-registration system is originated in Prussia, later, in Germany the carryforward. And in Japan Taiwan and other countries and regions to take a newdevelopment. The mode of legislation and legislative practice of these countries willinevitably have a significant impact on China. The case of the effectiveness ofdisposition after pre-registration, In this thesis, I compared the law of Germany, Japan,Taiwan in order to have a conclusion. On the base of literature review, datacompilation and case studies use the method of comparison, analysis, induction toexplore the nature and the effectiveness of the disposition. I think it will be useful tothe establishment of real estate pre-registration system.