Research On The Effectiveness Of Real Estate Advance Registration

Advance registration in the real estate is a special and important type of real estate registration system. Another type of registration protecting the right of real estate, but the advance registration protecting the right of the obligatory claim. The advance registration system makes the creditor’s right have the right of exclusive so that it can make sure that the claim of real right could be effective. In that area, this system is very important, although this system could not make the real right changed immediately. The nature of the advance registration is temporary and accompanying.Advance registration is an important part of civil law, which is origin of the Prussia Law. In Germany, this system established in the Civil Law of Germany. Many countries and areas developed this system, for example, Japan and Taiwan. Chinese enacted the advance registration in “Property Law” in 2007. In this law, established this important system.The effectiveness of advance registration in real estate is a very important question. The function of the advance registration rely on the effectiveness of this system. In some countries that the advance registration had developed very advanced, this system usually could protect the right and the order of the right, in addition, this system could protect the bankruptcy creditors.In China, the Property Law established the advance registration in the article 20, shows that our advance registration also can protect the right of real estate. But, it is a pity that our provisions could not instruct that our advance registration also have other effectiveness. This is a pity in our country. It makes our system could not protect the real right.This paper has five chapters, firstly, introduced a judicial case in Jiangsu which shows that our advance registration has some disadvantages; and then introduced the basic theory of the advance registration, including the concept and the nature of this registration system. This paper also introduced the effectiveness of advance registration in Germany,Japan and Taiwan. On this basis, we can clear what effectiveness the advance registration should be have. In addition, this paper also introduced the effectiveness of advance registration in our country, on the basis of the comparison, we can find out our disadvantages of the advance registration in real estate. Lastly, making recommendations on the issue of our advance registration to promote the development of our real property transaction.