The Discussion Of Registration Of Caution

The real estate “Registration of Caution” is a kind of system which corresponds to “Registration of Real Estate”. It is a right of claim with the goal of avoiding the alteration of the real estate real right in the future, and a pre-registration carried out through applying to registration authority by claimant. Owing to the right of claim ensured by advance-notice registration is a kind of real right oriented claim of obligatory right, in the process of becoming finished registration after “Registration of Caution”, if the disposal of the real estate obligee towards the real estate dose not coincide with previous “Registration of Caution”, the disposal will have no real right effect.In terms of the juridical practice in China, although the “Real Right Law”, “Urban Real Estate Administration Law”, “Land Registration Approach”, “Housing Registration Approach”and other local laws have clear items about the “Registration of Caution”system, most of these stipulations are recapitulative and have no operability. In addition, our government has not formulated unified “Registration of Real Estate” law, established unified registration authorities, and completed specific procedures. This thesis mainly adopts the method of document analysis, normative analysis, and case analysis, regards housing, the classical the real estate, as the main analysis object, makes a systematic analysis of the concept, nature, effect and the current situation of legislation of the real estate “Registration of Caution” system, and then points out the deficiency of the current legislation of our government, expecting bring some benefits to the formulation of the real estate registration law.This thesis can be mainly divided into three parts: the basic theory of the real estate “Registration of Caution”system, the current situation of legislation of the real estate “Registration of Caution” system in China, and the improvement of the legislation suggestion of the real estate “Registration of Caution” system in China.It begins with the basic theory of the “Registration of Caution” in the first part, introduces the concept of “Registration of Caution”, makes comparison with related concept such as the “Registration of Real Estate”, expounds that the nature of “Registration of Caution” is real right oriented creditor’s rights, which includes three effects: ensuring the realization of real right, ensuring syn-position, and excluding bankruptcy and enforced executive program.The second part introduces the current situation of legislation of the real estate “Registration of Caution” system in China. With the formulation and promulgation of the “Real Right Law” formulated in 2007 as the watershed, the second part analyses the commercial residential building advance sale contract registration filing system formulated before 2007, makes a comparison between it and the“Registration of Caution” system so as to highlight the superiority of the “Registration of Caution” system. This part also makes some evaluation and analysis of the related stipulations in “Real Right Law” formulated in 2007, and the related stipulations in “Land Registration Approach”and “Housing Registration Approach” formulated in 2008.It points out some problems existing in the practice of the“Registration of Caution” system in China in the third part, such as the disunity of the real estate registration legal systems, the disunity of registration authorities, and the incompletion of registration procedure, etc. It puts forward some suggestions for the improvement of the real estate registration system, namely formulating unified the real estate registration law, establishing unified registration authorities, and improving the corresponding specific procedures.In the end, it gives a brief review of the discussion of the whole thesis and makes a summary of related problems.