Research Of Advance Registration System

Advance notice registration is an important system in real estate registration,with the purpose to protect the right of asking for the alteration of the real estateregistration happened in the future. In China, the20tharticle of the Property Law,which established in2007, firstly confirms the advance notice registration. Theconfirmation of this system is a revolutionary advance in property registration systemand has specific guidance function for pre-sale of commercial housing in real estatetransactions., like giving a heavy shock to the developers who sells a house to morethan two persons, malfeasant of overlap mortgage and mala fide and loans, thus toprotect the right of the house buyers in the weak position and defend the stability andsafety of the real estate market.The establishment of the advance registration system in our China is theeconomic development of the human society. Before the system established, Chinaexecuted the commercial house pre-sell register records system for a long time.However, merely a compulsory administrative measure, it has no legal effect inprivate law. The illegal developer only needs to undertake the administrativepunishment, the house buyers would not be protect from the civil wrongs. After a longresearch and study of the experts in China, Article20of the property law finallyremedies the shortage of lacking a registration system, and successfully to support thepre-sale commercial house dealing. However, as the foundation of the advanceregistration system in our countries in a bit late, and the system is yet not matureenough, there also emerges lots of problems in legal practices and applications. In order to apply the law better in the future real estate deals, the system needs furtherimprovement. This dissertation divided into four parts to make a research on theadvance registration system:The first part gives a general over view of the advance registration system. Thispart systematically introduces the basic principle of the advance registration system,which includes the definition, origin characteristics and legal effect of the system.The second part compares the legislations of advance registration system indifferent countries. By testing the advance registration system legislation in German,Japan, Switzerland and Taiwan area in scope of application and legal effect, this partprovide a enlightenment for advance registration system in our countries.In third part, it provides a historical evolution of the advance registration system.By illustrating merits and demerits of executing the commercial house pre-sale registrationrecord system and its difference with the advance registration system, this part emphasizes tobuild the advance registration system urgently and necessarily. Meanwhile, part three alsointroduces the process of making law and interprets the content of the advance registration systemin20tharticle of property law.The fourth part is about the application and improvement of advance registrationsystem in commercial house pre-selling fields. Aiming at the practical problems, thispart also gives suggestion in aspects like scope of application, legal effect andprocedure design etc.