On The Improvement Of The Registration System Of Real Estate Advance Notice

The real estate advance notice registration system was originally generated in the early Prussian law opposition registration system.With the continuous development of world history,the Western developed countries,as well as Japan and China's Taiwan region,have successively stipulated this registration system.China's economy continues to develop,economic activities are gradually increasing,and the form of transactions is becoming more and more complicated.The notice registration system has emerged in the context of this era.The purpose of its initial setting is to use it in the pre-sale of commercial housing in order to ensure transaction security and avoid the situation of one room and two sales.The existence of the real estate notice registration system effectively safeguards the security and stability of the trading market,and at the same time protects the legitimate rights and interests of both buyers and sellers,and has an irreplaceable positive effect on maintaining the principle of public notice.However,with the continuous development of society,the notice registration system has begun to be more applied to other real estate transactions,and the new types of transactions and types of demand and test for the notice registration system are also growing.People began to pay more and more attention to the notice registration system.Correspondingly,the inadequacies of China's advance notice registration system have become more significant through the continuous verification of judicial and practical life.Although China is also supplementing and perfecting through many national and local legal forms such as regulations,implementation rules,and judicial interpretations,it cannot be ignored that there are still many shortcomings in China's advance notice registration system.Therefore,China urgently needs to improve the advance notice registration system by learning from the advanced experience of countries and regions outside the country to protect the rights and interests of rights holders and maintain transaction security and economic order.The main body of this article is divided into four parts:The first part is an overview of the immovable property notice registration system,introduces the concept and legal nature of the notice registration,and lists and analyzes the relevant viewpoints of various scholars.The registration of notices in different countries and regions is to solve the same or similar social practice problems,but the differences in legal systems and legal traditions between countries and regions have determined that the concept of advance notice registration coexists with commonalities and differences in connotation and extension.For its nature,this paper considers it a temporary registration and a means of guaranteeing creditor's rights.In this part,the historical origin and significance of the notice registration are also summarized,and compared with similar legal systems.The second part analyzes the relevant regulations of the current laws and regulations on the advance notice registration system,summarizes the development process of the notice registration system in China,and combines the national conditions of China,the application scope of the notice registration is narrow and the legal effect is not comprehensive.And the failure provisions are not clear in several aspects,and the shortcomings of the system in China are sorted out.The third part,in view of the shortcomings of China's advance notice registration system proposed in the previous chapter,introduces the legislation and judicial practice of the advance notice registration system in Germany,Switzerland,Japan and Taiwan,in terms of the scope of application of the notice registration,and the legal effect.The system design of the failure regulation system summarizes the similarities and differences of the notice registration system between countries and regions,and draws the enlightenment from China's reference to the system.The fourth part,through reviewing the important value of China's advance notice registration system and the necessity of existence,and comparing with the mature experience of the countries or regions outside the country,proposes the existing problems in the application scope,legal effect and invalidation provisions of the advance notice registration.Improve the path.First of all,in terms of the scope of application of the notice registration,this paper believes that the scope of application should be appropriately expanded,and it is not limited to the claim for claims for the purpose of obtaining the right of real estate.Secondly,in terms of the legal effect of the notice registration,this paper believes that in addition to the effectiveness of its preservation rights,it should also increase the specific content of the effectiveness of the order preservation,the effectiveness of bankruptcy protection and the effectiveness of the fight against public power.At the same time,the principle of “relative invalidity”,which is generally recognized outside the domain,should be used in the effectiveness of the preservation of rights in order to better play the role of this system.Finally,in the aspect of the invalidation of the notice registration,this paper analyzes the reasons for its failure,and believes that the provisions for cancellation registration should be increased.When the cause of failure occurs,the relevant registration and cancellation procedures should be carried out.