Research On Registration System Of Pre-sale Commercial Housing Mortgage Forecast

The pre-sale system for commercial housing has been established in China for a long time.Its core serial mechanism is the mortgage advance registration system.However,at the level of China's current system regulation,the provisions for the validity of pre-sale mortgage registration of commercial housing are still blank,and there is a need for uniform legislative guidance in judicial practice and theory.On the specific legal issues,whether the registered owner of mortgage advance notice has priority over the pre-sale housing;how the mortgage advance registration system restricts the obligor's disciplinary action;whether the mortgage advance registration system is effective against enforceable measures;whether The effect of preserving the position of the advance mortgage registration system should involve the identification of the entity's rights and interests,and it is necessary to carry out systematic and in-depth research.In addition to the introduction and conclusion,the text is divided into six parts:The first part is about the exploration and institutional evolution of the pre-sale mechanism for commercial housing.The commodity housing market has grown from scratch in China,and the related systems have also undergone the process of introduction,establishment,and improvement.This process has been streamlined to facilitate a comprehensive understanding of the social soil in which mortgage advance registration is registered and to facilitate the grasp of problems that exist in reality.The second part is the pre-registration registration system under the presale commodity house horizon.The mortgage advance registration system is a branch of the advance notice registration system.It has the legal characteristics of advance notice registration,and the advance notice registration system is an imported product.The academic community is still controversial about its domestic existence value;some scholars also have questions about whether mortgage rights can be used to register advance notice.The main project of pre-sale commercial housing was not completed,the value was not specific,and the query could not bear the corresponding property rights.This part of the paper responded to this question and refuted it.In the third part,whether the registration of mortgage right notice has the effect of priority compensation.It mainly sorts out the significance of giving priority to it,and discusses relevant issues in the judicial practice and theoretical circles,comprehensively compares various opinions and solutions,and explores that it should be granted in cases where formal mortgage registration cannot be handled based on non-bank faults.It enjoys priority right of redress.In the fourth part,how to register the advance notice of mortgage restricts the behavior of the obligor.Mainly from the perspective of developers and pre-purchasers,pre-sale commodity houses to the current object perspective,transferred to the perspective of mortgage severance,discussed the issue,and finally reached the limit of the pre-acquisition registration of mortgage rights from the pre-purchaser extended to the developer,limiting the object From the expansion of the pre-sale commercial housing to the evolution of existing homes,the limitation of the way from the mortgage to the transfer of comprehensive coverage conclusions.In the fifth part,whether the registration of mortgage right notice can resist enforcement measures.It mainly discusses the reasons for incombustibility from the specific classification of control enforcement measures and disciplinary enforcement measures,and takes the specific case as a model.It focuses on the investigation of the real estate registration registration authority after the pre-enclosed commercial housing is set up by the court.The evaluation of the effectiveness of behaviors and the final argument concluded that it was not a matter of arbitrarily disposing of the property of the court to seize property.In the sixth part,whether the registration of the mortgage right notice has the effect of maintaining the position.This part is mainly based on the current legal system,assessing the possibility of the simultaneous existence of mortgage advance registration and various types of mortgages set up by developers and pre-orderers,and questioning the rationality of the existing law provisions from the perspective of the basic theory of mortgage rights,and finally putting forward a solution path that should be given from the perspective of legislation.