The Processing And Effectiveness Of The Mortgage Registration Of The Commercial Housing

Pre-purchased commercial housing mortgage is an important guarantee for pre-buyers to raise house purchase in pre-sale transactions of commercial housing.As the pre-purchased commercial housing is constructing,the usual way for pre-purchasing commodity house mortgage registration in practice is to perform advance notice registration first,and then transfer to formal mortgage registration after the house is completed.In the case of legislation that does not stipulate the way of establishing mortgage on pre-purchased commercial housing,there are considerable disputes over the effectiveness of the above-mentioned registration in the judicial practice in setting up mortgage rights or priority to compensation.The article aims to proceed from the controversial issues in the judicial case,learn from and reflect on the existing research results,and excavate the applicable registration rules for pre-purchased commodity house mortgages in the current legal provisions to meet the needs of the parties to set up mortgage rights on pre-purchased commercial housing,and to solve the problem in reality.The main body of the thesis consists of five parts except the introduction.The first part introduced the dispute over pre-purchased commercial housing mortgage caused by advance notice registration.As for the issue of whether the advance notice registered for pre-purchased commodity house mortgages will have a priority effect,judges hold different ideas for the referee and has formed two opposing conclusions.This section analyzes the advantages and disadvantages of existing referees,indicating that the current way of registering for advance notice cannot produce the legal effect of establishing a mortgage,but only when the creditors obtains the mortgage and has the right to receive priority compensation for pre-ordered housing,we can preserve guarantee effect for pre-purchased commercial housing.The second part analyzes the reasons for the controversy over the validity of mortgage pre-purchased commodity housing registration.Although there are a large number of pre-purchased commercial housing mortgage transactions in practice,the legislation does not stipulate how to establish mortgage rights on pre-purchased commercial housing.The advance notice registration has eased the difficulty of pre-purchasing commodity house mortgage registration to a certain extent,but it still fails to meet the need for the parties to establish mortgage rights.Instead,it creates conflicts between the principle of strict compliance with the advance notice registration system and the right of priority support for right holders.In order to realize the system value of pre-purchased commercial housing mortgages,it is necessary to find a registration method that can establish mortgage rights on pre-purchased commercial housing.The third part discusses the path of mortgage establishment on pre-purchased commercial housing.This section first clearly pre-acquisition of commercial real estate belongs to real estate,and pre-acquisition of real estate mortgage as real estate mortgage.Since the natural property of the pre-purchased commercial housing is represented by the building under construction,the mortgage of the pre-purchased housing is included in the mortgage of the building under construction through the legal interpretation method,and the idea of pre-purchasing the mortgage of the commodity housing can be handled according to Article 187 of the Property Law.Undertake the establishment of the basis for formal registration of pre-acquisition commodity house mortgages.By comparing the pre-acquisition commodity house mortgage registration procedures,the building mortgage registration procedures and mortgage right registration procedures,we find that pre-acquisition commodity house mortgage registrations are closer to the building mortgage registration procedures.Therefore,in accordance with the building mortgage registration procedures to establish the rules for the formal registration of pre-acquisition commodity housing mortgages,in order to achieve the parties in the pre-purchased commercial housing on the need to establish mortgage rights.The fourth part discusses the application of advance notice registration system in pre-purchased commercial housing mortgages.Although pre-purchased commodity house mortgages can be directly registered,but if the parties agree to pre-register for pre-purchased housing mortgages for advance registration,there is still room for pre-announcement registration in pre-purchased housing mortgages.According to the principle of the advance notice registration system,after pre-purchasing the mortgage of commercial housing,the mortgage right has not been established,and the right holder has no right to give priority to the pre-purchased housing.However,the effect of the advance notice registration is that the right holder can obtain the pre-purchased housing according to the registered content in the future.The fifth part is the conclusion.In pre-purchased commercial housing mortgages,the parties may apply for formal mortgage registration in accordance with Article 187 of the Property Law so that the creditor can immediately obtain the mortgage rights and exempt the developer's guarantee responsibilities.The parties can also register the advance notice according to Article 20 of the Property Law to produce legal effects that are different from formal mortgage registration.