The Study Of Registration System On Estate Seizure

Sequestration is a compulsory measure in order to limit the obligee disposition of properly and real estate sealed up, which represents the judicial organ’s authorities,guarantee the benefits of case parties and impact the transaction order of real estate market. With the issue and implement of real estate registration provisional regulations, sealed up registration steps into the view of people. But it is not comprehensive and deep for the discussion by theories and judicial practice. The article mainly discusses following questions with real estate sequestration as research object: the urgency and necessity that real estate sequestration must set the registration as the related conditions, the effective time of limitation of disposition effects taken by real estate sealed up registration, the time periods of sealed up registration disposition effects, the range of sealed up registration disposition effects and whether the person of sealed up registration firstly has the priority of compensation.The article summarizes the foundational theory of sequestration, including the concept, characteristics and categories of sequestration, etc. Besides, the emphasis introduction of the author is the methods of sequestration. Based on the detailed analysis of current legislation and judicial practice, the author proposes that real estate sequestration should set registration as its only and unnecessary sequestrated method, which reflects that the effective requirement of real estate sequestration should be registration.In addition, the author discusses the effective time of validation of real estate sequestration registration constraint disposition. Due to the connection between people’s court and assist authorities involved in sequestrated registration, it is worth to be researched that the effective time should be when ruling is made or when registration is implemented. After analyzing the key points and difficulty in practice, comparing the pros and cons of different legislation models, in order to protect the party and third party better and strong publicity credibility of real estate registration books, the author proposes that the effective time of constraint disposition should be when the sequestration is implemented.Next, it is discussed of the effective range and period of real estate sequestration registration constraint disposition. Then key point is to deep analyze the disadvantages of no explicit provisions of times and periods of continued sequestration and to discuss the disposition function ranges of constraint disposition. The author considers that in order to protect the benefits of creditors and avoid the waste of real estate resources, it should be written in normative law documents for sequestrated registration and the periods and times of continued sequestrations and it also needs to be flexibly provisioned for function ranges of real estate constraint dispositions, for example, constraint disposition doesn’t include the constraint of leasehold, etc.Lastly, it discusses whether the creditors of first sequestration registration have the right of priority compensation, which has two opinions theoretically. Through analyzing the pros and cons of equalitarianism and priority doctrine, the author finds that both cannot solve the problems effectively. So, the author proposed the concept of related priority compensation, which means that creditors of first sequestrated registration have the right of priority compensation only when the property of the creditor is enough to compensate the whole debts.