The Real Estate System Of Registration Of Advance Notice

Advance notice registration system of real estate in our country is regulatedbriefly in the new property law, compared with the record in the sale and purchase ofreal estate registration system before, it could be said a new system, although theyhave similar clauses, their properties are different.. Advance notice registration is aspecial type of real estate registration system, the main function of it is guarantee, andlet the third party know, it is important to maintain the transaction security and orderof real estate. As it’s still the new system in China and the clauses in property law arevery simple and abstract, so it’s difficult to play the role of it. And also in the disputeof transaction process, the court could find fewer clauses for supporting; this givesrise to a series of problems.The reason of these problems is our real estate advance notice registration systemis not completed enough; the related regulations are not introduced yet. This articlethrough the concrete analysis and research of foreign real estate system of advancenotice registration, and foreign real estate specific rules of advance notice registrationis comprehensive, system comparing with the advance notice registration system ofreal estates in China, by further deepening the research on the theory behind theproblem, let us more further understand the operation of the advance noticeregistration system of real estate, real estate advance notice registration system for thefuture legislation and the theory of the current judicial practice to provide their own insights. The article is included following five parts:i. The concept and properties of real estate system of advance notice registration. Due to different countries and regional differences in legal tradition and legal system, the concept and nature of the advance notice registration also exist similarities and differences. In this paper, by analyzing the differences of the concept of advance notice registration all over the world, but all are for creditor’s rights, therefore, summed up the advance notice registration, to save for the purpose of real estate property rights changes the creditor’s rights claims, from sabotage and endow them with the registration of real right effect. About the nature of the advance notice registration, by comparing with the foreign scholars and domestic scholars point of view, the nature of the advance notice registration is rather than creditor’s rights, is to give the advance notice registration right against a third person after the effectiveness of a special creditor’s rights.ii. The comparison of advance notice registration system. Demonstrates the real estate the advance notice registration system and the relationship between real estate changes in legislation, the three different types of the real right change mode and the relationship between the three types of real estate registration system is analyzed, drawn on the property law must let the real right change mode and the real estate registration system matching with each other, or you can bring inconvenience to the real right change. Further analyzed in detail in Germany, Switzerland, Japan and Taiwan of specific rules of advance notice registration system,iii. The effectiveness of the real estate system of advance notice registration. Problem is the core of the whole system of advance notice registration, analyzes the four main efficacy, respectively is the effectiveness of the security rights, preserve the effectiveness of the sequence, the effectiveness of the bankruptcy protection and the effectiveness of the early warning.iv. The occurrence and elimination of advance notice registration system. Through the analysis of the set up of advance notice registration requirements that the consent of the advance notice registration obligor than the advance notice registration agreement more reasonable method in our country, and in the case of advance notice registration obligor does not agree, appropriate USES German law court sanction command for advance notice registration. In the eradication of advance notice registration, think that there is no advance notice registration transfer alone, and summarizes the four aspects:cause of the advance notice registration to eliminate.v. The suggestion of the system of real estate advance notice registration. Through the analysis demonstrated the deficiency in the advance notice registration in our country, targeted put forward how to improve the system of our country real estate advance notice registration, for the development of advance notice registration system in China.