Research On The Advance Registration In Real Estate

Advance registration in real estate that corresponds to the original one is aspecial estate registration system. Advance registration in real estate endows right ofobligatory claim with the effect of real right to some degree, makes it possess theexclusivity and confrontation forces of property right and further guarantees theultimate realization of the right for claim request through registering the obligatoryclaim of real property right change in the future. Advance registration is a veryimportant real estate registration in civil laws of many countries, originating from theobjection registration system in the early Prussian law, established in civil law ofGermany and later inherited and developed by the civil law of Switzerland, Japan andTaiwan. Meanwhile,“Property Law”, promulgated in China in2007also establishedadvance registration in real estate for the first time. While, the provisions of “PropertyLaw” on the advance registration in our country are still relatively brief and notperfect. This thesis studies comparatively the relevant theories and legislations of allcountries and regions put forward the sound proposal on China’s Advance NoticeRegistration based on the current situation of China’s social and economicdevelopment and looks forward to making constructive suggestions on unified RealEstate Registration System produced and implemented before June,2014.This thesis argues that the real estate advance registration system registers thisright in order to preserve the claim of real property right change and embodies severalcharacteristics, being autonomous, subordinate, provisional and exclusive, etc. At thesame time, there are some connections and differences between this system and thesystem for original, objection and commercial housing registration.The nature of advance registration in real estate consists of three aspects: thenature of its “behavior”, that of “preservation” and that of “claims preserved”. Thisthesis makes clear that the nature of its “behavior” is a kind of civil acts; the nature of“preservation” refers to a guarantee method of the right for claiming request and thenature of “claims preserved” is a kind of obligatory right.In the current legislative norm concerning estate advance registration system ofour country, the regulation about the scope of advance registration is relatively narrow,compared with several countries and regions where advance registration is relativelymature. China should expand the scope of advance registration to include the claims with regard to the transfer and extermination, content and alteration, additionalconditions and duration of real property right.Advance registration in real estate has four basic effects: right conservation,protection, full force and prediction. What’s more, there are different processing ruleson the effectiveness of further punishment. While, China’s relevant laws andregulations only reflects the right conservation of advance registration, ignoring theother three provisions. In the meantime, China holds the principle of absoluteinvalidity for the effectiveness of further punishment, which does badly in theprosperity of real estate markets. Therefore, the principle of relative invalidity isproved to be more appropriate.