Legislative Perfection On The Advance Notice Registration System

During the contemporary house transaction, there is a time gap between signing thehouse contract and contact finished. As the house price is increasing all the time, thereal estatetraders frequently resell the sold house to get incredible and illegal profit.Under thiscircumstance, the legal rights of weak group in the economic transactioncannot be protected thus trust from the consumer has been destroyed. The untrustedtransactions add extra cost and hinder willing from consumer. Eventually it woulddamage the transactionsafety and efficiency and influence on our economy of ourcountry. The emergence of advance notice registration system gives buyer the right topre-legislate after signing contract, which could prevent real estatetraders fromreselling the immovable property.This essay consists of four parts. The first chapter summarizes the history ofadvance notice registration system. It was invented and developed in Prussia andbecame one of the most important law in Germany. Some other countries and regionstook it as reference. In order to define the concept and feature of our advance noticeregistration system, it is important to distinguish it from the concepts likeobjectionregistration, capitalregistration and guarantee property.Chapter2describes the research of advance notice registration system from theproperties, features, objects and potency. There is still some dispute concerning theproperty of advance notice registration system. At the moment, standpoints such asproperty theory, pre-property theory, obligatory right theory and obligatoryright-propertychemistry theory are most common and influential. In this essay, theadvance notice registration system is defined as a special guarantee method to protectthe transaction.Chapter3describes the investigation to some relative laws and introduces theadvance notice registration system in Germany, Switzerland, Japan and Taiwan. The survey shows the engagement of advance notice registration system with otherregulations and the specific application in these countries and regions. Chapter4analyses the application scope, potency and occur requirement of advance noticeregistration system in the practice background and points out the defect andinsufficient for future solutions and consummation.