The Priority Legal Effect Of Predicting Registration Of Pre-sale Commercial Housing Mortgage

The predicting registration is a new system which is set up in the property law.Although its expression is extremely succinct,it has rich meanings in property law and creditor's rights law.As the scholars have said,the predicting registration is a system with "amphibious"properties.On one hand,the system steps over the boundary of property law and creditor's rights law.On the other hand,it joins substantive law of the real estate property rights and the procedure law of real estate registration,the structure is very complex.This kind of complex legal structure is how to operate in practice and cause which disputes that have different faces in judicial practice.Also,this complex legal structure reflects which problems of the predicting registration,the judicial practice is how to judge it and what conclusion we can come to from these disputes,we are worthy of thinking and researching all of these.The main purpose that the property law set the system of predicting registration is to maintain the order of real estate transaction,protect the safety of real estate transaction,encourage the parties to abide the principle of good faith and balance the interests of the concerned parties during the transacts.The predicting registration makes the right to claim exclusive effect.If the holder doesn't agree,the processing behavior is ineffectual to make sure the smooth realization of the initial registration.The predicting registration of the pre-sale commodity house leads the validity of public letter of property rights and the pre-purchaser becomes the creditor of the registration of real right.This could limit the pre-saler to book a person's disposition again to protect the legal right of creditors.But in practice,the predicting registration system is used in a limited range and it has many kinds of ways to limit "a room,two sell".At the same time,the system of predicting registration in the property law is so principle without the explicit provision that it has a big discount in practice.Even though the housing registration measures has made a certain amount of refinement,there is still a lot of disputes between theoretical and practical circles in the scope of effectiveness,conditions of occurrence and disposition of pre-sale person,etc.In this article,based on the current situation of the predicting registration of pre-sale commercial housing mortgage,we will analyze the nature and effectiveness of predicting registration system and find the imperfections that exist in the mortgage predicting registration system of pre-purchase commercial housing.At the same time,we put forward the perfect advice to exert the largest effects of the system of predicting resignation mortgage.If the buyer as a borrower does not meet the obligation of repayment according to the loan contract,the developer as a guarantor will not need to take the blame.Otherwise,the developer may need to maintain his own rights and interests by various ways such as the objection informs,which will consume time,waste judicial resources and take on unnecessary fees.