| The advance notice registration system originates from the German law.It is a kind of real estate registration that the obligees of advance notice registration can claim to realize the setting of immovable property rights in the future.With the rapid development of real estate market in China,advance notice registration is more and more widely applied in commercial housing pre-purchasing transactions.Meanwhile,as the price of pre-sale commercial housing is generally too high to burden,most buyers usually choose to apply for a housing loan from the bank when dealing.In order to reduce the risk of the loan,the bank ordinarily requires the buyer to use the pre-purchased house as the subject of the mortgage,so that the discharging of debt can be guaranteed in the future.However,since the commodity house has not been completed at this time,the real estate registration authority cannot handle the mortgage registration.Under the circumstances,both parties have to turn to the advance notice registration of mortgage to achieve their purpose of insuring the establishment of mortgage.Due to the fact that the provisions of the notice registration system in China are not complete yet,and the situation of the advance notice registration of mortgage in pre-purchasing commercial housing are even worse,which leads to disputes about the specific problems in practice.Based on the in-depth analysis of "the execution case of folk loan disputes between Tang Yi and Ye Hui",this paper,on the one hand,explains the nature and effect of the advance notice registration of pre-purchasing commercial housing mortgage,on the other hand,puts forward some suggestions to solve the similar problems in practice.Apart from the introduction and conclusion,this paper can be divided into five parts:The first part mainly introduces the basic facts of the case and the focus of the dispute.It firstly briefly introduces the facts of the case and the result of the judgment,and then summarizes the focus of the dispute which is going to be explained in the following sentences.First,what is the legal nature of the action of registration of mortgaging pre-purchase commercial housing? The second one is whether the advance notice registration of mortgage in pre-purchasing commercial housing has the legal effect of enabling the obligee to obtain priority right to be reimbursed.During the process of pre-seal by the court,if the advance notice registration can beconverted into formal mortgage registration when the conditions of official registration are fulfilled.In the second part,the author defines the legal nature of the mortgage registration of pre-purchase commercial housing,which is in essence an advance notice registration for the establishment of mortgage in the future,rather than a mortgage registration of the right to expect a house.The third part mainly analyzes the advance notice registration of mortgage in pre-purchasing commercial housing does not have the legal effect of enabling the obligee to receive compensation in priority.Because the right of registration is essentially the obligee's right to apply for the establishment of mortgage,and the notice registration is only to guarantee the realization of his claim.As the obligee of notice registration,the loan bank still needs to make a converting between the notice registration and the mortgage registration,so that the prior right to compensation of the immovable property can be obtained in the end.In the fourth part,this paper will explain that the effectiveness of notice registration can preserve the right holder aside from the pre-seal of court to apply for mortgage registration after the achievement of the conditions.In addition,the suggestions to the settlement path of this case will be summarized in this part.And the last part will mainly analyze the problems about the effectiveness of the advance notice registration of mortgage,which often appear in practice.And finally the paper is going to put forward some solutions in order to help solve the related problems. |
PDF Full Text Request