Research On The Effect Of Bankruptcy Protection Of Advance Notice Registration Of Commodity House

The advance notice registration system was originally stipulated in the legal system of our country,and it was mainly aimed at the pre-sale of commercial housing.Its purpose was to control the risks in the sale of commercial housing,and to prevent the developers of commercial housing from selling more than one room.With the increasing development of our country's economy,real estate development companies have been increasingly exposed to bankruptcy for various reasons.Then,when a real estate developer is in a state of bankruptcy,how can a homeowner registering for advance notice in pre-sale of commercial housing use the advance notice registration system in the bankruptcy proceedings against the option of the bankruptcy administrator?For this issue,our country's legal system did not make a very good response:In the current bankruptcy law,property law,and judicial interpretations issued by the Supreme People's Court,there is no clear effect of the advance notice registration system in bankruptcy proceedings.The law does not regulate,which makes the rights of home buyers lack of protection mechanism.In order to better protect the rights of right holders,we need to explore the nature of advance notice registration rights,clarify the theoretical basis for the effectiveness of bankruptcy protection,and provide guidance for the handling in practice.This article is divided into three parts:introduction,text,and conclusion.Among them,the first part is the introduction.It introduces the rights conflict between the right of advance notice registration and the bankruptcy administrator's contractual option,and explains the significance of the effectiveness of the advance notice registration in the bankruptcy proceedings.The second part is the text,which is divided into four chapters,which is the focus of the full text.The first chapter summarizes the advance notice registration system.It mainly elaborates the purpose and content of the advance notice registration system and clarifies the nature of the rights registered in advance through the analysis of related rights.The second chapter analyzes the necessity of bankruptcy protection effectiveness of advance notice registration.It mainly explains the effectiveness of the bankruptcy protection of the advance notice registration and analyzes its necessity.The third chapter is the clearing of the registration rights.Mainly through the comparison of the priority of the registration of the rights and other rights in the bankruptcy proceedings,the position that it should be in the repayment position is proposed.Chapter IV,the realization of advance notice registration of commercial housing pre-acquisition bankruptcy effectiveness.This paper mainly discusses the realization of the effectiveness of advance registration and bankruptcy protection in the case of pre-purchasing commercial housing,and puts forward its own opinions.The third part is the conclusion,which summarizes the effectiveness of advance notice registration for pre-purchased commercial housing when the real estate developer is in bankruptcy.