Analysis Of The System Of The Pre-purchase Commercial Housing Mortgage

In the field of pre-purchase commercial housing loan mortgage,China has made different system designs around the implementation of the Property Law.The former is pre-purchase commercial housing loan mortgage registration,and the latter is mortgage of Advance Notice Registration.Due to the different system design,the effectiveness of the two registration systems is substantially different.The dissertation combs the historical changes of the pre-purchase commercial housing mortgage system in the mainland of China,by researching on the origin of the Advance Notice Registration system and the pre-purchase commercial housing mortgage system in China,and points out the influence of the changes around the system design on the legal practice.There are three deficiencies in the current Advance Notice Registration system of commercial housing mortgage in China: firstly,the judgment is inconsistency in judicial practice;secondly,the Advance Notice Registration of commercial housing mortgage can not resist the pre sealing of the judicial procedure of the people's court;thirdly,the Advance Notice Registration of pre-purchase commercial housing as well as mortgage have no definite bankruptcy protection effect.Through the analysis of the law of Advance Notice Registration,the thesis explains the influence of the application of Advance Notice Registration system on the mortgage of pre purchased commercial housing.Meanwhile,the research on the mortgage system of Hong Kong SAR and the notice registration system of German law,reflecting the causes of the above problems in the application of notice registration in the field of pre-purchased commercial housing in China.Considering the existing problems in the advance registration system of the mortgage of the pre purchased commercial housing in the mainland of China,the dissertation gives some suggestions from two aspects: the theoretical basis and legislation of the relevant system.