On The Effectiveness Of Real Estate Advance Notice Registration In Our Country's Practice

In the face of the increasingly prosperous real estate transaction market in China,for all parties involved in real estate transaction,how to guarantee the normal transaction process and how to balance the rights and interests of all parties in the whole process needs to be standardized through the corresponding system.As an important part of the real estate registration system,advance notice registration plays an important role in protecting the rights and interests of all parties in the real estate transaction and resolving the disputes over the rights and interests of all parties.But we should also note that although the implementation of advance notice registration in Germany,Japan and other countries has a long history.However,the implementation and legislation of advance notice registration are relatively late in China,and there are still some deficiencies in the establishment of relevant legal provisions and systems that need to be improved.Due to the late establishment of notice registration in China,our legal workers lack the corresponding theoretical basis and legal basis for the judicial practice of notice registration.At the same time,it also leads to the controversy on the application of the legal effect of notice registration.Due to the above reasons,there are some contradictions in the judicial practice of China concerning the corresponding judgment results of advance notice registration.Therefore,the author believes that in the reality of more and more frequent application of notice registration,it is necessary to classify and study its legal effect in order to guide its specific application in judicial practice.In this paper,the author USES four categories to classify the legal effect of the advance notice registration:the effect of right preservation,the effect of limiting the disposal of real right,the effect against the third party,and the effect of sequentially.The author believes that the above classification of the effectiveness of the notice registration can better reflect the legal effectiveness of the notice registration.The effect of right preservation is the most prominent legal effect of the advance notice registration.But the restriction disposition real right mainly aims at the real estate owner’s effect;The effectiveness against the third party is mainly aimed at the third party besides the obligee and obligor of the notice registration.Ordinal effect,as a generally recognized effect mode in the foreign advance notice registration system,is not manifested in the judicial practice of our country,but as a legal effect of advance notice registration,it is also discussed in this paper.The legal effect of the above four kinds of advance notice registration is combined with the problems in judicial practice,and the corresponding classification is discussed in this paper.Due to the judicial practice,the application of notice registration,resulting in the above legal effect in the concrete embodiment of the different.Compared with other modes of effectiveness,the effectiveness of advance notice registration against the third party is more frequently mentioned in the middle specific cases of execution objection litigation,execution cases and bankruptcy cases.Therefore,in this paper,the effectiveness against a third party is discussed in more detail than other legal effects.At the same time,this article,the characteristics of the sequence effect itself,mainly reflected in the case of target set up multiple property rights,the registration of real estates in China does not exist in practical management system,therefore,on the effectiveness of,mainly,is theoretically discussed ways to and comparison of foreign system of advance notice registration accordingly.At the end of this paper,through the elaboration of the legislation of advance notice registration and the specific real estate administrative management system,and give the corresponding personal Suggestions,in order to combine the full text,the advance notice registration in our country’s judicial practice application to make a certain reference.