Research On The Practical Issues Of The Effectiveness Of Advance Registration Of Commercial Housing

Advance notice registration is an important system in the advance sale of commercial house.In the more than ten years since China's "Property Law" was promulgated and implemented,advance notice registration plays an important role in protecting the interests of buyers of commercial house and maintaining the safety of market transactions.However,our country's laws only provide principled provisions on the effectiveness of advance notice registration,and have different understandings and applications in specific applications,it is urgent to clarify the specific application rules for advance notice registration effectiveness.This article analyzes the effectiveness of advance notice registration in accordance with Article 20 of the Property Law and relevant judicial interpretations,administrative regulations and departmental rules regarding advance notice registration,focusing on disputes arising from the issue of advance notice registration in commercial house transactions.The first part of the paper studies the scope of advance registration of commercial house,the real estate scope applicable to the advance notice registration includes houses and land.Specific to the type of house,advance notice registration should only be applied to commercial house transactions.At the same time,it believes that the scope of application of advance notice registration should be appropriately expanded,recognize that real estate can establish advance rights for advance notice registration,and analyze the effectiveness of advance notice registration for mortgage rights.The second part focuses on the analysis of the security effect of advance notice registration in commercial house transactions,especially the specific application of the advance notice registration effect in "One room for two",and the case studies of "first house buyer to handle advance registration" and "second house buyer to handle advance registration",study on the effectiveness of the security of "management of advance notice registration".The third part analyzes the effectiveness of the advance notice registration in the bankruptcy proceedings.In order to better protect the interests of the registration right holder,it is recommended to give the advance notice registration bankruptcy protection.The fourth part analyzes the effectiveness of the advance notice registration against the enforcement by the court.The classification studies the protective enforcement measures and the disciplinary enforcement measures,and clarifies the different effects.