Empirical Analysis On The Registration Effect Of Advance Notice Of Commercial House Mortgage

Throughout the legal system,the most comprehensive provisions on advance notice registration are embodied in article 20 of the property law.The original purpose of the establishment of this system is to prevent the "sale of a few items".And with the emergence of a large number of houses in the real estate field,the purpose of applying to this field,of course,has become to prevent "a house number to sell".In practice,is also a large number of advance notice registration system applied in the mortgage field of commercial housing sales in advance,but due to defects-there is no specific provision in the legislation,in the commercial housing sales in advance,set of housing mortgage registration in advance will produce what effect,therefore appeared in court in judicial practice to adjust differences of opinion.According to the different subjects,preservation effectiveness can be divided into exclusive effectiveness and antagonistic effectiveness.Exclusivity is the law's affirmative answer;There is uncertainty in judicial practice whether it can confront public power;With regard to the effectiveness of the implementation of the confrontation,some support it,while others deny it;Some of them are directly supported,some are conditional and some are denied.The discussion of this paper is carried out through the collection and analysis of the judgment cases of the court.Through the collection and analysis of different cases,the different effectiveness is classified and analyzed according to different situations.In the sixth chapter of this paper,by connecting the contents of the previous chapters,a more comprehensive analysis of the protection of the interests of the right holders path.The idea of this paper is to analyze the problem first,and then add a large number of cases to show,and finally solve the problem,hope that such a discussion can advance the sale of commercial housing mortgage registration related to the effectiveness of the issue explained clearly,to solve the court judgment doubts.