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The Research On The Advance-reistration

Posted on:2013-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:C S ZhangFull Text:PDF
GTID:2246330395988117Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The advance-announcement registrain which originnatedfrom Prussia is very important in registration system for realestate.The main purpose of the advance-announcement is that therights of the requests in contract concerned with real propertyin the future can be realized. The advance-annoucementregistrain has been included in the "people’s Republic ofChina’s Law on Real Right",which has put into effert fromOctober1,2007. This article is starting with fundamentalresearch of the advance-announcement registrain,and offer thesuggestions for improvement. On the other hand, comparativestudies between the pre-registration of real estates’preselling contract and the advance-announcement registrainhave revealed that the suggestions about establishing andoptimizing the system.This article consists of five parts, the main content isas follows:The first part is brief review of theadvance-announcement.The concept and essence of the advance-announcement,and also some relative concepts aremainly introduced.The article is introducing the concept of theadvance-announcement at first, and proposed his own opinionabout it. Then, some relative concepts are compared in orderto determine its legal status in registration system for realestate. At last,auther considered that the nature of rightwhich registed through advance-announcement as "special rightof request".The second part including the extent of application andoccurrence conditions of the advance-announcement.Comparingwith legislation of Germen,Japan,Switzerland and TaiwanProvince, this article proposed that we should overcome thelimitations of effectiveness of the advance-announcement.The third part expound the key problem of theadvance-registration: the legal effect of the system. Thearticle proposed that our nation’s advance-registration isinsufficient in the legal effect. The advance-registrationshould enforce it’s forces of right guaranty,order guaranty andprotection from bankruptcy.The forth part is based on the research of advance-registration in practice. The article distinguishedadvance-registration with the commercial housing pre-sellingcontract registrtion. Through value analysis, we found out thedifference between two systems. And the article suggest thatUnder the present legal system in China, the real estate advancesale contract registrtion is to play the leading role, and theadvance-registration, the supplementary one.The fifth part is final part, and this part will discusshow to develop the advance-registrtion. It need to improve thelegal effect,expand the applicable range and extension the timelimit.
Keywords/Search Tags:Advance-registration, Effectiveness of theRegistration, Commercial Housing Pre-selling ContractRegistration, Legal Risk Prevention of the Commercial HousingPre-selling
PDF Full Text Request
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