Research On Advance Registration System For The Mortgage Of Commercial Residential Housing Purchased In Advance

Advance registration system for the mortgage of commercial residential housing purchased in advance is a supportive system accompanied by a rise of commercial housing pre-sale system in our country and plays a crucial role in promoting the prosperity of the real estate market and meeting the financing needs of purchasers.However,such an important registration means which is prevalent in trading in the forward delivery housing only appears in the departmental rule of the Housing Registration Measures and the local regulations promulgated by different provinces and municipalities such as the Regulation on Real Estate Registration.In the narrow sense of the law,there is still no direct provision on advance registration system for the mortgage of commercial residential housing purchased in advance,which directly results in the different understandings on the nature and validity of advance registration system for the mortgage of commercial residential housing purchased in advance,different decision conclusions on the dispute over advance registration system for the mortgage of commercial residential housing purchased in advance,which is the core issue of whether the banks can exercise advance registration system for the mortgage of commercial residential housing purchased in advance based on this and serious disunity in justice.This thesis starts from a typical case of the dispute over advance registration system for the mortgage of commercial residential housing purchased in advance and comprehensively analyzes advance registration system for the mortgage of commercial residential housing purchased in advance from the perspectives of theory,legislation and justice,probes into the defects in the current advance registration system for the mortgage of commercial residential housing purchased in advance in our country and proposes the related suggestions for legislative improvement,hoping to achieve the purpose of more unified advance registration system for the mortgage of commercial residential housing purchased in advance in justice and more perfect legislation.Apart from introduction,this thesis is composed of five parts,about 20,000 words in total.Part one introduces the case for research.This part briefs the typical case of the dispute over the advance registration system for the mortgage of commercial residential housing purchased in advance,concludes the controversial focus of the case and extracts the relevant issues on the advance registration system for the mortgage of commercial residential housing purchased in advance to be discussed in this thesis.Part Two elaborates the theory on the advance registration system for the mortgage of commercial residential housing purchased in advance.This part mainly analyzes the concept,nature and significance of the mortgage registration system for commercial residential housing purchased in advance.Part Three elaborates the legislation on the advance registration system for the mortgage of commercial residential housing purchased in advance.This part mainly clarifies the provisions on the advance registration system for the mortgage of commercial residential housing purchased in advance from the perspectives of law,departmental rules and local regulations and proposes the defects of the advance registration system for the mortgage of commercial residential housing purchased in advance in legislation.Part Four elaborates the justice in the advance registration system for the mortgage of commercial residential housing purchased in advance.This part mainly introduces the different decision opinions in the judicial practice on the dispute over the advance registration system for the mortgage of commercial residential housing purchased in advance,which is the core issue of whether the banks can exercise the advance registration system for the mortgage of commercial residential housing purchased in advance based on this,analyzes different decision opinions and their reasons and analyzes the problems exposed in the judicial practice of the legal regulations on the advance registration system for the mortgage of commercial residential housing purchased in advance.Part Five discusses the legislative improvement on the advance registration system for the mortgage of commercial residential housing purchased in advance.This part proposes the legislative improvement on the advance registration system for the mortgage of commercial residential housing purchased in advance.Part Six is the conclusion.This part reviews the case for research in this thesis and summarizes the whole thesis.