Research On The Legal Effect Of Advance Notice Registration

Advance notice registration is an indispensable and unique type of real estate registration.Other types of real estate registration generally record the changes of real estate rights that have been completed in the book.However,the existence of advance notice registration is to ensure the realization of the changes of real estate rights in the future,so that the advance notice registration can be smoothly promoted after the time is ripe to provide guarantee for the realization of claims.In the judicial practice of our country,there are many cases that the understanding of legal provisions is not in place,the wrong application of the law leads to the damage of the rights and interests of the parties;At the same time,due to the simple legal provisions and the lack of legal effect of advance notice registration,the rights and interests of the registration right holders cannot be effectively protected.There are some problems in the system of invalidation of advance notice registration,which lead to the confusion of judicial application.The key problem of advance notice registration is its effectiveness.Only with complete and strong effectiveness,can the advance notice registration system give full play to its function of guaranteeing the change of real right.The legal effect of advance notice registration should have four kinds,namely,the effect of preservation of rights and sequence,the effect of bankruptcy protection and the effect of early warning.The German civil code clearly stipulates three kinds of legal effects besides the effect of early warning.Japan's system,like Germany's,has all three.The laws of Taiwan also have the effect of right preservation,and Germany,Japan and Taiwan have adopted relatively invalid legislative models.German law stipulates clearly the advance notice registration can be exclusive to the contrary not legal behavior,the false registration in Japan method can be ruled out because the court ruled,enforce the law behavior of the new real estate registration,but not against national tax behavior,the advance notice registration in Taiwan law cannot act against the law.The property law in our country,according to the provisions of article 20 in our country only has the right to preserve the effectiveness of advance notice registration,and the effect is absolutely invalid mode,and can not provided the effectiveness against the exercise of public power,the sequence security effectivenessand bankruptcy protection effectiveness is still missing,our country should draw lessons from Germany,Japan and our country Taiwan area of the law,through the civil code of the upcoming opportunities,to our country to carry on the consummation to the advance notice registration of legal effect,become absolutely invalid legislation mode to relatively ineffective,as not all without the consent of the holder of the disposal of the behavior of the real estate are not binding upon,Only when the disciplinary action hinders the realization of the right of the obligee is it deemed that the action has no effect;Improve the content of the effect of advance notice registration,supplement the effect of sequence and bankruptcy protection;At the same time,it should be made clear that the advance notice registration can resist the enforcement and protect the private rights in the future.It is stipulated that the advance notice registration can exclude the third party's hindrance to the real estate already registered in advance notice;It is clearly stipulated that advance notice registration cannot be against the real right holder.About the advance notice registration system of failure,"property law" the regulation is the holder of the advance notice registration at the time of may conduct the registration,more than 3months did not apply for the registration,advance notice registration fails,the regulation of rules on the registration can be too fuzzy,practice operability is not strong,shall be deemed to be the obligee knows or should know that can be calculated from the registration;In addition,the three-month rule is too short to protect the right of the holder of the right of advance notice registration,so the time of invalidation of advance notice registration should be postponed appropriately;At the same time,an exception clause is added after the law on the invalidation of advance notice registration: "an application for registration has been submitted within three months,except that the formal registration has not been completed due to non-own reasons.Finally,it is necessary to coordinate the relationship between advance notice registration and online signing mechanism,so as to avoid the failure of advance notice registration and damage to the interests of the registration right holders.