On The Legal Effect Of Pre-Purchased Commercial Housing Mortgage Notice Registration

With the development of China's real estate industry,the pre-sale of commercial housing has gradually become the main way of real estate transactions.In the pre-sale transaction of commercial housing,the purchaser borrows the money from the bank to pay for the purchase of the house,and bank asks the purchaser to mortgage the purchased house.Because the house may not be completed at this time,the house ownership certificate cannot be obtained and the mortgage registration cannot be processed.Therefore,the pre-purchased commercial housing mortgage notice registration is produced.At the same time,the bank requires real-estate developers to provide periodical joint guarantees for the loan in order to further reduce risks.It can be seen that the emergence of pre-purchased commercial housing mortgage notice registration not only meets the financing needs of pre-purchasers of commercial housing,but also controls the bank risks.However,the current laws on the system of pre-purchased commercial housing mortgage notice registration in China is not perfect,and the provisions of its legal effect only involve the validity of rights preservation and are not comprehensive,which leads to the different understanding of judicial practice on the legal effect of pre-purchased commercial housing mortgage notice registration,resulting in different judgements in the same case and damaging judicial credibility.In order to solve the above problems and understand the legal effect of pre-purchased commercial housing mortgage notice registration more clearly,this paper interprets the legal effect of pre-purchased commercial housing mortgage notice registration from three dimensions of theory,legislation and judicial practice,in order to analyze the legal effect of pre-purchased commercial housing mortgage notice registration as comprehensively and thoroughly as possible.The analysis of three aspects of theory,legislation and judicial practice are both parallel and progressive,with a view to further discussing the legal effect of pre-purchased commercial housing mortgage notice registration and presenting its full picture.To this end,this paper constructs the concept,related systems and nature of system of pre-purchased commercial housing mortgage notice registration firstly,and then leads to the academic disputes about the legal effect of pre-purchased commercial housing mortgage notice registration and makes an analysis.And then,by comparing the relevant provisions of the current laws on the pre-purchased commercial housing mortgage notice registration in China with the extraterritorial legal provisions,it analyzes the deficiencies of current provisions in China and puts forward legislative proposals.Finally,this paper analyzes the influence of legal effect of pre-purchased commercial housing mortgage notice registration on the judicial practice,summarizes the ideas of judicial judgement,and unified the judgement standards.In addition to the introduction and conclusion,this paper is divided into three chapters.The first chapter is theoretical contention of the legal effect of pre-purchased commercial housing mortgage notice registration.This part first analyzes the system of pre-purchased commercial housing mortgage notice registration from the theoretical perspective,involving the concept definition and nature analysis of pre-purchased commercial housing mortgage notice registration,and then makes theoretical analysis of the legal effect of pre-purchased commercial housing mortgage notice registration,and finally puts forward the viewpoint.The second chapter examines the status quo of the legal effect of pre-purchased commercial housing mortgage notice registration.This part investigated and analyzes the current provisions on the legal effect of pre-purchased commercial housing mortgage notice registration,and then uses the method of comparative analysis to compare and analyze the legal effect of pre-purchased commercial housing mortgagenotice registration with the extraterritorial legal provisions,so as to re-examine the provisions of pre-purchased commercial housing mortgage notice registration in China,find deficiencies and make legislative proposals.The third chapter is the judicial consideration of the legal effect of pre-purchased commercial housing mortgage notice registration.This part retrieves the judgement of such cases and bulletin cases of the Supreme Court in recent years through China Judicial Document Network,and tries its best to find the judgments of the high-level trials in recent years,and summarizes and sorts out the judgements and reasons of these cases,with a view to putting forward a unified standard of judicial adjudication,which is beneficial to judicial practice.