Study On The Priority Compensation Effectiveness Of Advance Notice Registration For Pre-purchased Commercial Housing Mortgage

There are many disputes about the effectiveness of advance-notice registration for pre-purchase commercial house mortgage in theoretical research.After this system was founded in China,it has the distinct localization characteristic.This paper studies the root causes of the dispute on the effectiveness of priority compensation from the perspective of institutional change,and believed that the root cause of this dispute is that there is a obvious distinction between the notice registration of commercial housing mortgage and the advance-notice registration of other three kinds of real estate.Based on the empirical analysis of judicial cases,it is proposed that the quiddity of the dispute is the difference of value orientation and institutional constraint.This paper argues that from the perspective of the development and change path of the mortgage advance notice registration system,the specificity of the system itself,the quiddity of the dispute,the principle of equity and other aspects,the right holder can not be limited to the existing theory,more can’t all be negative.In this paper,a great deal of space is devoted to demonstrating the practical necessity of conditionally acknowledging that advance notice registration of pre-purchased commercial property mortgage registration has priority compensation effect.This paper holds that whether the pre-sale commodity house meets the delivery conditions or not is totally different in nature.The house has become a specific thing when reaching the delivery conditions.The house has the exchange value and exchangeability,and can actually be registered,it meets the substantial requirements of the collateral.At the same time,market transactions need to acknowledge this to some extent.After the previous analysis and demonstration,we can draw a conclusion that it is theoretically feasible to determine that the bank has the right to receive priority compensation when it meets the conditions for delivery of commercial houses and the bank has no fault for failing to complete the formal registration of the mortgage as scheduled.