Research On Preliminary Registration System

Preliminary registration and this register corresponds to a real estate registration systemand the purpose of its existence in order to preserve the changes in real property for thepurpose of the request the right to make changes in the real property to determine theoccurrence in the future. Notice registration system has been established first in Germany andFrance since then have been provisions in Switzerland, Japan, China, in Taiwan and otherlegislation of the civil law.2007, implementation of the "Property Law of the People’sRepublic of China" in Article20of the notice of registration system was in principle theprovisions of, addition, many of our local laws and regulations, departmental rules andregulations of local governments on notice registration system was complementaryrequirements. This paper reviews the historical origins of the notice of the registration system,and the system compared with other similar systems, and the content of the notice of theregistration system and the effectiveness of the analysis, try to notice of the registrationsystem in China put forward a sound few suggestions.The paper is divided into four chapters. The first chapter is an overview of the advancenotice registration system. First, the origin of notice of the registration system of, in Germanyand France the creation of the world’s other countries (regions) legislation, the provisions ofconduct Overview; followed by introduction of the notice of the registration system in China’slegislation, the presence status, which on China’s "property rights law" formulation a detailedanalysis on whether or not a notice of the registration system of dispute process; noticeregistration system with three similar system: the dissidence registration, seal pre-seizureregistration, pre-sale registration contrast, find out the notice of the registration system andother similar system is different in order to highlight the value of the notice of registrationsystem independent existence.Chapter Ⅱ of the nature of the notice of registration, functions, objects, constitute theelements of research. On the nature of the notice of registration, this article summarizes threepoints: both the creditor and property rights of subsidiary nature, temporary. Notice of theregistration function, by comparing the civil law countries and in our legislation, that the security function is the basic functions of the notice of registration, but there are like falseregistration in Japan and France have secured priority overall function. The object of thenotice of registration, based on changes in real property for the purpose of claims claim.China’s real estate registration legislation adopting both registration Effectiveness andregistration antagonism, I do not consider it appropriate to apply to the notice of registrationof real property transfer the case to take Registration Antagonism, or make this theeffectiveness of the registration was weaker than the effectiveness of the notice of registration.On the constituent elements of the notice of registration, I believe: There is to meet therequirements of the notice of registration of the object, the agreement registered. Need to payattention to is this: that the only notice of the registration of the parties to the agreement onlyafter notice of registration, notice of registration is not unilateral. As for the announcementregistration of the agreement reached after the notice of the obligation to register people torefuse to fulfill a contractual situation, this article should be brought to litigation, but theexception in the case of the real estate sale.The third chapter notice the effectiveness of the registration. On the effectiveness of thenotice of registration of the guarantee, the paper focuses on the legislation in Germany andFrance "relatively ineffective" mode, and our current academic existence "effect to bedetermined to refute. The preservation of the overall effectiveness of the notice of registration,the article describes some of our local laws and regulations, government regulations havebeen overall preservation of the effectiveness of the existing status quo. Another articledescribes the exclusion of bankruptcy and the courts in Germany and France the effectivenessof enforcement procedures.Chapter Ⅳ presents the perfect views of the status quo for the advance noticeregistration system in China, mainly four: the scope of the rich notice of registration, toincrease the effectiveness of the notice of registration, the disposition of real property afterregistration of notice should not be absolutely null and void, butrelatively ineffective, thedevelopment and improvement of the notice of registration, start the program.