| Advance notice registration system as one of the important contents of the real estate registration system of real right, in the maintenance of market order, protecting the creditors’ interests plays an important role. This article will study the system of procedural law and substantive law related theoretical issues, and by comparing the foreign advanced legislation,to discover the lack of advance notice registration and perfect of our country. This article is divided into five parts, starting from the case, to discuss advance notice registration legislation problems.The first part is the introduction, the main part of the problem is put forward. Mainly through real cases found in the judicial practice’s handling of the problem existing in the dispute, lead to the problems existing in the advance notice registration system, clear the main content of the article will explore.The second part is mainly from the aspects of entity and procedure of advance notice registration system to make detailed elaboration, and to make a dispute relating to the theory analysis, through reading a large number of literature and the related work, and constantly develop their own understanding of the problem, and the case to solve the problem existing in the first part.The third part is compared outside investigation, is mainly to Germany, Switzerland and Japan three representative countries for the regulation of advance notice registration system,and then discusses how to draw lessons from foreign legislative experience, improve the system of advance notice registration in China.The fourth part views on our country of advance notice registration system, mainly for the major of advance notice registration system in China in terms of entity and procedure of deficiencies and puts forward a perfect suggestion.The fifth part is epilogue. This part is mainly about the front content summary and generalization, so you can be more clear to know the importance of advance notice registration system. |
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