Research On The Issue Of Advance Notice Registration Of Mortgage Rights

Since the 21 st century,my country's economy has taken off,more and more people have chosen to use pre-purchased commercial housing to meet the needs of housing purchases.In the process of the stable and healthy development of the pre-purchased commercial housing transaction market,the advance mortgage registration plays an important role in it.But at the same time,it is also facing some challenges.The disputes related to the registration of the advance notice of mortgage rights are increasing.Resolving these disputes and disputes can better protect the legitimate rights and interests of the parties and maintain the social and economic order.By analyzing and discussing the shortcomings of the mortgage pre-announcement registration in the current legislation,combined with the current social situation,focusing on the disputes of the mortgage pre-announcement registration in judicial practice and putting forward corresponding suggestions for improvement,in order to be able to better the judicial practice Give full play to the role of advance notice registration of mortgage rights and reduce disputes and disputes in this regard.The main contents of this article are as follows: First,the concepts of mortgage rights,advance notice registration,and advance notice registration of mortgage rights are expounded;on the basis of the expounded concepts,the deficiencies in the legislation of advance notice registration of mortgage rights in China are analyzed,and the relevant provisions of advance notice registration are analyzed,Explore the reasons for the deficiencies in the legislative level,and put forward corresponding improvements to these deficiencies.Afterwards,it analyzed the issue of whether the advance notice registration of the mortgage has the priority effect,and summarized the opinions of the academic circles on whether the advance notice registration of the mortgage had the priority effect.On this basis,the viewpoints of this article wereclarified,and the corresponding suggestions were put forward.The legislative proposal also puts forward the idea of resolving the dispute over the registration of advance notice of mortgage rights in judicial practice.Finally,the priority of the mortgagee registration right holder's right to compensation is discussed.Most disputes in the judicial practice of mortgage registration are concentrated on this issue,so this part is the key chapter of this article.This part combines nearly ten relevant cases in judicial practice,summarizes the different judgment reasons existing in similar cases,analyzes the basis for the court to make different judgments in this type of case,and clarifies the views and suggestions of this article in light of the actual situation.