Study On The Validity Of Real Estate Advance Notice Registration

The advance notice registration is a special type of registration which is used for reference in the German civil law.As a special registration system,the most important thing of advance notice registration is its legal effect.The legal effect of real estate notice registration is related to the space that notice registration can play a role.The nature of advance notice registration also determines its validity space to a large extent.The legislation of advance notice registration in China only stipulates the effect of preservation of rights,and the provisions are not perfect enough.As for the effect of intermediate disposition after advance notice registration,the legislation in China adopts the attitude of absolute exclusion.As a result,in the judicial practice,the priority of the mortgage advance notice registration and the protection of the right after the advance notice registration system has entered the bankruptcy procedure have fallen into a judicial dilemma due to the defects of its effectiveness.The judicial interpretation of advance notice registration in China has unduly narrowed the scope of application of advance notice registration.What is registered in advance notice is real right,so the right types in advance notice registration include ownership,usufructuary right and security real right.If the disposition of the realty after the advance notice registration does not affect the realization of his real right by the right holder of the advance notice registration,it shall be deemed to be valid.With the ownership of the registration conditions to give it against the seizure of enforcement measures such as effectiveness.Moreover,the conversion to this register during the pre-seizure period does not create a new encumbrance nor does it dispose of the property seized by the court.In the advance notice registration of mortgage,it should be acknowledged that it has the priority of compensation and endow the advance notice registration with the effect of order preservation.The mortgage should be dated back to the time of advance registration.The advance notice registration into the bankruptcy procedure should be given the effect of the advance notice registration bankruptcy protection,limit the option of the bankruptcy administrator,the advance notice registration of the real estate is not included in the bankruptcy property,and enjoy the right of recovery and right of exclusion.The right holder of advance notice registration may have priority in receiving compensation for the subject matter registered in advance notice,and may take it back if he meets the conditions for taking it back.