Research On The Legal Issues Of Pre-registration Of Pre-order Commercial Buildings Mortgage In China

Pre-sale of commercial Buildings is the main way to trade in Chinese real estate market.Since the commercial Buildings purchased in advance can not be used for the formal registration of mortgage,the loan bank usually transact the pre-registration of the mortgage with purchasers,who will ensure mortgage setted up smoothly in commercial buildings.In fact,Chinese pre-registration of pre-order commercial buildings mortgage has many disputes,and there are defects including unclear legal nature and legal force,easily being confused with other similar systems,not guaranteeing the interests of loan bank,and so on.This paper gives a detailed analysis and exposition of Chinese pre-registration of pre-order commercial buildings mortgage,in addition to the introduction and conclusion,this paper is divided into four parts to discuss the issue.The first part:from the basis of the pre-registration of pre-order commercial buildings mortgage——the traditional pre-registration system to start,pre-registration systems are briefly introduced in Germany,Sweden,Japan and China,and on Chinese pre-registration of pre-order commercial buildings mortgage,history,concept,nature and legal value are described.In the second part,the author analyzes differences of each system by comparing the pre-registration of pre-order commercial buildings mortgage,the mortgage of buildings under construction and the traditional mortgage system.The third part is the key and difficulty,the author discusses the core issues and the focus of practice controversy,and analyzes,answers the questions of on the validity of mortgage pre-registration and the judicial practice conflict of pre seizure.The fourth part:from the macro legislation and the loan bank's own rights protection,the author puts forward measures to perfect the legislation and risk prevention measures for the loan bank,in order to further improve Chinese pre-registration of pre-order commercial buildings mortgage.Aiming at the controversial issues about the pre-registration of pre-order commercial buildings mortgage,the author puts forward his own views and opinions,and hopes to propose some improvement measures to further balance the three rights and obligations among the loan bank,developers and buyers,in order to make the system more perfect.