The Protection Effectiveness Of Notice Registration In Bankruptcy Procedure

Property law of the People's Republic of China defined that notice registration can protect people' s right of claim who did the registration and other people can' t dispose the registered thing.However,it didn' t fit by the bankruptcy law.As a result,there were different judgments between different courts for the effectiveness of notice registration,and the bankruptcy administrator erase the recordation without legal authorization.This paper based on the protection of obligee who did the registration,analyzing the protection effectiveness of notice registration in the bankruptcy proceedings,including the rationality,the concrete embodiments,and the way to implement.I analyzed the rationality of the effectiveness.According to the legislative intent and function of notice registration,it' s reasonable that notice registration can play role in bankruptcy.Also I discussed the quasi-real right of notice registration and compared with German law and used economic analysis.Then I claim that bankruptcy can' t erase notice registration.On the contrary,notice registration can restrict the bankruptcy administrator' s right of terminating the contracts.The registration real estate is excluded out of Bankrupt property.By the way,obligee has the liquidation preference.Finally I summarized the implement of the protection effectiveness,including delivering the current situation of the building or obligee can be satisfied from the proceeds of the auction.At last,I gave some advice to improve legislation so that the protection effectiveness of notice registration can apply to the proceedings of bankruptcy.