Research On The Application Of Advance Notice Registration

The main problem currently facing, first of all, property Law for the scope of applicationof the notice of registration, conditions of application, effectiveness, acquired in good faith,substantive issues occurred, transfer and other procedural issues loopholes and even blank,perfect system of registration with the foreign notice there is a gap.Studies have shown that the following changes in real property claim can be a notice ofregistration: construction land use right, the space construction land use right, the right to landcontractual management, home ownership (including forward house and existing homes),easement, mortgage, mortgage of maximum amountrights, the acquisition of property rightsclaims based on reasons other than the contract claim. These rights can have conditionsattached to the deadline.China’s notice of registration to the effectiveness of the mode and the Prohibition ofregistration abroad, the effectiveness to be determined "and" relatively ineffective "model isnot the same, you should try these three types of innovation, which we call" the partiesdesired mode. This model fully reflects the party autonomy. Parties desired, and even preventthe advance notice registration advancing intermediate punishment behavior can also becarried out to expand the scope of the behavior of intermediate sanctions, but also reduces thecomplexity of the advance notice of registration.Actually kept in the notice of registration and civil rights, the applicable rules: themaximum effectiveness of construction projects priority claim, for notice registrationconsumers claim superior to not go through notice to register the consumers’ right to notice ofregistration of claimsequence of ordinary mortgage by the time the earlier right has priority"principle.Notice of registration in accordance with the law normally exercise the right ofdefense in the underlying claims and liabilities; unregistered lease and the lessee first refusalcan not be against the notice of registration.When the notice of registration with a public authority conflict, the applicable rules: thenotice of registration and tax priorities actually save the situation the principles should be the time the earlier effect earlier. first in time of the tax payable and tax priorities prevail over anotice of registration. Tax payable "instead of" delinquent tax time is conducive to urge theparties to comply with tax obligations and avoid a corresponding moral hazard; notice ofregistration against the preservation of property, enforcement, courts should not be theprocedural law of the public authority does notequal interference with private rights disputes;notice of registration is a legal fact based on the legal system in accordance with legal acts,court decisions find out the legal facts determine both the effectiveness is not the same level,the reasoning should not be in conflictactual conflict must the notice of registration or thecourt itself, so the key to resolve this conflict is to find out where the error in the notice ofregistration or judgment.