Real Estate Advance Notice Registration Scope And Effectiveness Studies

Abstract:In real estate transaction process, from the two sides reach a agreement to the right change often have a time interval. In this period will be real estate owners "one room two sell","after mortgage" serious damages to the buyer interests phenomenon. In order to protect the creditor’s rights and the buyer claim finally get realized, safeguard the rights, the advance notice registration system is produced. Chinese Real Right Law article20clearly define the advance notice registration system, provisions for the scope of the advance notice registration, occurrence, transfer and lapse. But because the provisions are very abstract content, bring a lot of difficulties to the judicial practice.This article through the advance notice registration system of basic theory and its properties, then study the continental law system country relatively perfect law of the scope of the advance notice registration and the effect of regulations, learn the many security force and relatively broad range to advance notice registration and the effect on some improvement combined with the reality of our country.This article mainly divided into six parts:Part of the preface introduce the background, the general research situation of academic and the significance of this topic.The first chapter mainly introduce the basic theory of the advance notice registration system, including the concept and properties, only fully understand its occurrence and development of the historical background and reason, can we understand the advance notice registration system existence meaning and value.The second chapter is the ranging continental law system legal developed country to advance notice registration system and the effect of different provisions. Before we study each country’s rules, we must know the right change pattern, this relationship to the entire law legislation foundation, this is why Germany and Japanese rules have difference between the provisions of the source.The third chapter basically is the comments of the Chinese real estate advance notice registration, including the scope and the effect. In combination with the other country’s rules points out its shortage and serious problems to solve. The fourth chapter is based on the third chapter to advance some notice registration system puts forward to some improvement suggestions. This not only to consider the continental law system country other excellent regulations, at the same time also have to consider the situation in our country, make the rules can adapt to China’s national conditions.The fifth chapter is a summary. Hoping the whole article can help the advance notice registration system development and perfection.