A Study On The Pre-purchase Of Commercial Housing Mortgage Advance-notice Registration System

The commercial housing pre-sale system originated in Hong Kong.In 1953,Huo Yingdong proposed the concept of “pre-sale of flats”.Subsequently,Hong Kong established a mortgage system that transfers ownership of collateral as a means of securing bank claims.The mortgage is a temporary housing,and the pre-sale contract for the commercial housing must be delivered to the mortgage owner.However,the Mainland’s "Property Law" clearly stipulates that "the ban is prohibited." Hong Kong’s mortgage system does not apply to the Mainland.In order to cooperate with the pre-sale system,protect the bank’s rights and interests,and promote the development of the real estate market,there has been a pre-purchased commodity housing mortgage notice registration system,a type of notice registration with Chinese characteristics.The pre-purchased commodity housing mortgage notice registration is the advance notice registration on the basis of the advance notice registration,and it is one of the most widely used objects in the notice registration system.This paper discusses and discusses the disputes in the pre-purchased commodity housing mortgage notice registration system in the theoretical,legislative and judicial circles,and clarifies the concept,nature,characteristics,legislative value and effectiveness of the pre-purchased commodity housing mortgage notice registration system.The provisions and the unification of judicial opinions provide theoretical reference and provide more reasonable judicial relief for the protection of bank rights.This paper mainly uses the content of five chapters to study the related issues of China’s pre-purchased commodity housing mortgage notice registration system.The first chapter is an overview of the pre-purchased commodity housing mortgage notice registration system.In order to develop and improve the pre-purchased commodity housing mortgage notice registration system,it is necessary to further analyze and study the pre-purchased commodity housing mortgage notice registration system on the basis of understanding the advance notice registration system.Based on the extraterritorial legal provisions and scholars’ views,the concept of advance notice registration is explained.On the basis of clearing the notice registration theory,the concept,characteristics and legislative value of the pre-purchased commodity housing mortgage notice registration system are defined.The second chapter is the theoretical controversy of the pre-purchased commodity housing mortgage notice registration system.The theoretical disputes over the pre-purchased commodity housing mortgage notice registration mainly focus on the two aspects of the nature dispute and the effectiveness dispute.The nature of the mortgage notice registration disputes mainly include "the claim of the claims of the claims","the mortgage of the housing expectation",and the "debt claim".The effectiveness dispute mainly lies in whether the provisions on the pre-purchase of the mortgage pre-registration registration system are effective and how the Chinese law should define the order of the mortgage notice registration and the effectiveness of the confrontation.It analyzes the disputes between scholars inside and outside the domain on the validity of mortgage notice registration,and provides reference for China’s regulation and refinement of the validity of mortgage notice registration,and provides theoretical support for improving the mortgage notice registration system.The third chapter is about the legislative status and existing problems of the pre-purchased commercial housing mortgage notice registration system.In terms of legislation,the paper introduces the current legal provisions for the pre-purchase of commercial housing mortgage notice registration system,and points out the problems existing in the current laws,administrative regulations,departmental rules and other laws and regulations in the provisions of the mortgage notice registration system,including whether the pre-purchased commodity housing mortgage can be applied for advance notice registration,mortgage notice The legal provisions of the registration are not uniform,the invalidation provisions of the mortgage notice registration are unreasonable,and the validity provisions are not perfect.Therefore,it is necessary to improve the provisions of the mortgage notice registration system at the legislative level.The fourth chapter is the judicial judgment disputes and the adverse consequences of the pre-purchase of the commercial housing mortgage notice registration system.The focus of the judicial dispute is whether the bank has priority to receive compensation after the pre-purchase of the commercial housing mortgage notice registration.By sorting out the judicial referee cases and evaluating the opinions of different referees,the author believes that the bank does not have the priority to receive compensation if only the mortgage notice registration is established.Whether or not it is inconsistent with the bank’s priority to be compensated will have an adverse effect,so how to provide judicial relief to the bank’s rights is critical in deny that the bank has priority for compensation.The fifth chapter is the perfect measures for the legislative and judicial aspects of the pre-purchased commercial housing mortgage notice registration system.There are some shortcomings in the legislation of the mortgage notice registration system in China.The legislative aspects need to unify the relevant legal provisions of the mortgage notice registration system,and improve the invalidation provisions and effectiveness provisions of the mortgage notice registration.Judicial aspects need to clarify the judicial and fair referee principles that should be followed in judicial decisions and the judicial remedies that banks should take when facing different risks in the mortgage notice registration process.