Study On The Legal Effcet Of Advance Registration Of Mortgage In Pre-sale Commercial Houses

In judicial practice,there are many controversies about whether the registration of mortgage advance notice has priority to be compensated.Through the collection and statistics of the relevant judgment documents,it is found that there are two very different judgment opinions in judicial practice: some courts believe that the registration of the advance notice of mortgage cannot give the right holder the priority to be compensated.The effectiveness of compensation;some courts have considered the protection of creditors and recognized that the advance registration of mortgage has the priority of compensation.However,no matter what kind of judgment the court adopts,such disputes cannot be properly resolved.There are two main reasons why such cases are controversial and difficult to properly resolve: On the one hand,the relevant legislation on mortgage advance notice registration is imperfect,and it is manifested in the law that it is not clear whether the mortgage advance notice registration has priority to be compensated,and the mortgage advance notice registration becomes formal The conditions for registration are too harsh;on the other hand,thejudicial judgment rules are not uniform,which leads to great differences in the understanding and application of the law by the judges.To solve the above problems,we must start from the legislative and judicial aspects: in terms of legislation,the first is to refine the relevant provisions on the priority compensation effect of the mortgage advance registration,allowing the court to recognize the priority compensation effect of the mortgage advance registration when certain conditions are met At the same time,it should also be clear that the mortgage advance notice registration will not necessarily produce priority compensation effect under normal circumstances;the second is to relax the conditions of the mortgage advance notice registration to be officially registered,allowing the right holder to unilaterally apply for the mortgage advance notice registration to be officially registered,And appropriately extend the expiration time of the mortgage advance notice registration.In terms of justice,it is necessary to unify the adjudication rules and clarify the specific conditions under which the advance notice registration right holder can exercise the priority right of repayment: when the buyer is unable to repay the loan and the advance registered house has been completed,and the right holder(bank)fails to obtain the mortgage right,because the developer fails to handle the first registration in time or the house buyer neglects to register the ownership,the court may judge the right holder to enjoy the right of priority compensation.