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Study On Legal Enforcement Problems Of Advance Notice Registered Real Estate

Posted on:2021-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:J T TianFull Text:PDF
GTID:2416330629951370Subject:Law
Abstract/Summary:PDF Full Text Request
The advance notice registration system is a basic registration system that protects the legitimate rights and interests of real estate buyers and avoids repeated sales of the same subject.In the current society where pre-sale of houses has become the mainstream model,advance notice registration plays an important role in regulating the real estate transaction market.At the same time,the existing advance notice registration system is also exposed defects in practice,especially in the field of civil enforcement.This article studies the real estate advance registration system and the enforcement system in civil lawsuits to build a theoretical basis.Discuss preservation enforcement measures and price-changing enforcement measures separately,sort out and analyze the current status and deficiencies of China’s legislation in the field of advance registration registration of real estate enforcement.And read a lot of relevant cases in judicial practice,it’s gradually found that currently there are many issues concerning the nature of advance-notice registration rights,the vagueness of advance-notice registration effectiveness,unclear legislative regulations on the mandatory enforcement of advance-notice registration of real estate,obvious deficiencies in procedural legislation,and serious differences in jurisprudence,which make the advance-notice registration system fail to fully play its function,while the operability of the enforcement program is difficult to meet the practical requirements.Increase provisions of the nature of the advance notice registration,clarify the various legal validity of advance notice registration,clarify the requirements for review of objections,and conduct exhausted enumerations of exceptions of advance-notice registration and enforcement.,perfect the specific enforcement procedures,build a more complete and accurate advance notice registered real estate system,unify academic viewpoints,standardize the trial of actual cases,and help China’s rule of law construction.
Keywords/Search Tags:notice registration, enforcement, suspension of sanctions, exclude execution
PDF Full Text Request
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