On The Application Scope And Improvement Path Of Real Estate Notice Registration

Whether the value of the real estate advance notice registration system can play and to what extent,to a large extent depends on the real estate advance notice registration can be in what areas,for which objects to apply.The property law in our country for the first time in the form of law made clear what circumstances can apply real estate advance notice registration,follow-up after implementation of administrative regulations and department rules and further refinement of the real estate,the applicable scope of the advance notice registration but overall real estate for what right and content can advance notice registration is too vague and sweeping,the implementing rules for the interim regulations on real estate registration in determining what right and content can be incorporated into the real estate of advance notice registration,in order to "other circumstances stipulated by laws and administrative rules and regulations" for out rules,the rules significantly narrowed the scope of real estate advance notice registration,Rejected all over our country,according to local laws,regulations of local government to carry out the practice of real estate advance notice registration,limiting the real estate advance notice registration to choose suitable autonomy,conflict with the legislative spirit of property law,real estate advance notice registration to apply in practice,cannot be fully give play to the role of real estate value of the advance notice registration system and the.Article 221 of China’s Civil Code adopted on May 28,2020 reaffirmed the scope of application of real estate advance notice registration,but did not substantially change the provisions of China’s Property Law,and did not overcome the deficiencies of the provisions of the Property Law on the scope of application of real estate advance notice registration.Through the research on the connotation and extension of the applicable scope of real estate advance notice registration,and the practical analysis of the applicable scope of real estate advance notice registration,this paper hopes to provide some ideas for the improvement of the real estate advance notice registration system in China and the Civil Code.In addition to the introduction and conclusion,this paper discusses from the following four aspects:The first part expounds the value of the real estate advance notice registration system itself.The author believes that the value of the real estate advance notice registration system is the starting point of the analysis of the applicable scope of the real estate advance notice registration,but also the subsequent development of the real estate advance notice registration applicable scope of the final home.The real estate advance notice registration system straddles the two fields of the creditor’s rights law and the property law,so the author analyzes that the real estate advance notice registration system has the balance between the real right and the creditor’s right.To uphold the principle of good faith;Maintain trading security and order,improve trading efficiency and other values.The second part is a comparative study on the applicable scope of real estate advance notice registration.The real estate advance notice registration system has a long history in foreign civil law,but it is a relatively new system in Our civil law.This section,the author summarizes the continental law system and Anglo-American law system about real estate scope of advance notice registration legislation present situation,combed the property scope determine on the basis of advance notice registration,explored the countries and regions to determine the real estate advance notice registration scope of application of law,put forward our country real estate for subsequent scope of advance notice registration legislation perfect suggestion to provide the corresponding reference.The third part,China’s real estate advance notice registration applicable scope of legislation and concrete practice.This part of the author from the four levels of laws,administrative regulations,departmental rules,local regulations,detailed analysis of the establishment of which circumstances can be applicable to the real estate advance notice registration specific provisions,and pointed out the shortcomings of the specific provisions.At the same time,the author introduces in detail the practice of real estate advance notice registration in Shanghai,Nanjing,Chengdu and other places in China,and summarizes the current situation of the practice of real estate advance notice registration in various places.Through the comparative analysis of different areas in China about the specific handling of real estate advance notice registration,clear and perfect the practical needs of China’s real estate advance notice registration.The fourth part,China’s real estate advance notice registration applicable scope of legislation.In this part,the author first analyzes the path foundation for improving the applicable scope of real estate advance notice registration in China.At the same time,the author puts forward Suggestions on improving the applicable scope of real estate advance notice registration in China’s Civil Code on the basis of the previous discussion.The author holds that China’s Civil Code stipulates the scope of application for the advance notice registration of real estate from the perspective of the specific presentation and manifestation of rights,and this mode cannot enumerate all forms of manifestation of rights.Comb in all states and regions about what right and content can apply to real estate,on the basis of advance notice registration,should determine which cases with right way can undertake real estate advance notice registration,therefore,the author thinks that the scope of our country real estate advance notice registration for "for the purpose of real estate property rights changes the creditor’s rights claims,the claims and conditional,time limit for".At the same time,the author thinks that should be changed to real estate advance notice registration scope is limited to "other circumstances stipulated by laws and administrative rules and regulations" regulation,with a more open and inclusive attitude of looking at real estate advance notice registration,the author thinks that should be adjusted for "other circumstances do not violate the laws and administrative regulations",so as to give full play and comprehensive real estate value of advance notice registration system.