Research On The Objects Of Advance Notice Registration

The advance notice registration,defined in the Article 20 of our country's Property Law,aiming at protecting the claim of the change of the real right,is a way of guarantee with real effect.The objects of the advance notice registration mainly contains "the obligation claim aiming at the realization of the real right of a real property" and its "future claim".Specifically,the object of the advance notice registration must be an obligation claim,not a real right or real claim.But in my opinion,it could be interpreted from some registration resisting real rights like easement that the easement holder has the claim to ask obligees to help handle this registration in order to realize the real right,through which he/she could conduct the advance notice registration with this claim as the object.Secondly,the trading object to which this obligation claim points must be a real property with registration ability.In addition,the purpose of the claim must be the realization of the real right of a real property,in particular including the possession,change and elimination of the real right of a real property.The "future claim" could become the object of the advance notice registration when it has the legal foundation to establish,accords with Article 20 of Property Law and has substantial certainty,so that its establishment only depends on the intension of the claim holder.Except claims subject to condition or time limit,in practice,the common right of redemption and right of first refusal of a real property could both be covered by the literal meaning of Article 20 of Property Law,with the help of the concept of "obligation claim created by the realization of the future right of redemption or the right of first refusar".As for the claim aimed at the presale commercial housing,it is also a future obligation claim in practice,pointing to a future object.Besides,appointments and binding offers could also be interpreted as future claims,so that they could become the objects of the advance notice registration.Although the objects of the advance notice registration could contain so many rights mentioned above by interpretation,having the fact that the purpose of the advance notice registration is to "ensure the future realization of the real right",they could not contain other "obligation claims not aiming at the change of the real right of a real property" for whatever reason.Although the leasehold of a real property is an example of an obligation with nature of the real right,it is essentially an obligation.As a result,the obligation claim aiming at the realization of the leasehold of a real property could not be safeguarded by the advance notice registration system.However,from the perspective of legislation,through modifying the leasehold or advance notice registration system of a real property,namely setting the leasehold of a real property as a real right or increasing the objects of the advance notice registration like the Swiss civil law,the former could become the object of the latter.Finally,the "claim for creditor's right aiming at the realization of the real right of a special movable property" also has the need of the advance notice registration,while no obstacles in the technology of registration exist.Although Article 20 of Property Law does not include it,Civil Law does not exclude this possibility either.As a result,special law provisions should be formulated to confirm the advance notice registration of a special movable property.Moreover,the key of whether one right could become the object of the advance notice registration is whether the real right or quasi-real right to which this right is pointed exists Final Registration.If there exists Final Registration,and the realization of this right has the need of protection before the conditions of Final Registration are satisfied,the applicability of the advance notice registration should not be denied theoretically.Whether the object of Final Registration is the real right of a movable property or a real property,whether the purpose of Final Registration is starting a change of ownership or entrusting effectiveness against third parties,whether the claim as the object of Final Registration is directly derived from sales agreements or indirectly derived from the right of preemption or redemption,will not be considered.Based on this,the "claim for creditor's right aiming at the realization of the real right of a real property",its "claim determined in the future" and the "claim for creditor's right aiming at the realization of the real right of a special movable property" could all become the objects of the advance notice registration theoretically.If the right of lease could be in the real estate register in the future,the "claim for creditor's right aiming at the realization of the right of lease" is also possible to become the object of the advance notice registration.But based on our country's current provisions,there are still some problems for the latter two claims to become the objects of the advance notice registration.