Research On The Legal Effect Of The Priority Compensation Of Advance Purchase Registration Of Mortgage Right Of Advance Purchase Of Commercial Housing

Advance notice registration is a registration system for right holders to ensure that future changes in property rights meet their expectations.The rights enjoyed by the holders of advance notice registration(hereinafter referred to as "right holders")are essentially a kind of claim right,rather than actual real rights.In real life,advance notice registration of ownership and advance notice registration of mortgage rights are two types of advance notice registration that are often used in practice.Today,when most people buy houses with mortgage loans,in order to ensure that the buyer of the prepurchased commercial house,the obligor of mortgage advance registration(hereinafter referred to as the "obligor")repays the mortgage on schedule,they often sign a mortgage contract with the buyer and agree to handle the mortgage.Pre-announcement registration,when the mortgage registration conditions are met,the mortgage registration is processed,so that the bank obtains the mortgage on the pre-sale commercial housing.Whether the right holder enjoys the priority right of compensation is more controversial in the practical and theoretical circles.The author also encountered such problems during the internship.In order to further study whether the mortgage advance notice registration has the legal effect of priority compensation,the author uses historical research method,comparative research method and empirical analysis method to carry out in-depth research on this issue,hoping to gain some gains in the development and improvement of the system.The first part is the introduction,First,based on different judgments in the same case,the existing legal issues in judicial practice were raised,and then the purpose and significance of the topic are introduced,and the advance notice registration system is reviewed from domestic and foreign literature.Finally,the research method of the problem is introduced and the difficulties and innovations in writing the article are summarized.The second part is the investigation and clarification of the pre-purchased commercial housing mortgage pre-announcement registration system.First,use the historical research method to investigate the advance notice registration system,and then compare and analyze the differences between this registration and advance notice registration,mortgage advance notice registration and ownership advance notice registration,construction in progress mortgage and commercial housing advance mortgage registration,advance notice registration and contract online signing and filing.The third part makes an extraterritorial investigation of the legal effect of its priority compensation.By investigating the legal effects of advance notice registration in Japan,Germany,Switzerland,South Korea and China’s Taiwan region,it is concluded that the extraterritorial advance notice registration has sequential preservation effect,full effect and rights preservation effect,but it has not been found that it has the legal effect of priority compensation.The fourth part is an empirical analysis of the legal effect of advance notice registration priority compensation.First,conduct empirical analysis on the collected 556 cases,obtain judicial data and different opinions of judgement,and summarize different opinions of judgement.Secondly,it refutes the opinions of different judgments,expounds the viewpoints of this article on whether the right holder enjoys the priority right of compensation and under what circumstances,and proposes that the right holder does not enjoy the priority right of compensation in principle,but enjoys the preferential compensation law under certain conditions.Effectiveness.Finally,it refutes the "conditional" proposed by scholars,and compares and examines the legal interests behind the right of residence of the buyer of commercial houses,the contractor’s priority right to reimbursement of project price,and the priority of the bank’s mortgage advance registration.On the basis of the research,we further demonstrated the “conditions” of the institute,and came to this article’s point of view that the mortgage advance notice registration right holder enjoys the priority right of compensation conditionally when the developer handles the first registration of the commercial house and the buyer of the commercial house obtains the real estate register.The fifth part is the proof of the legal effect of its priority compensation and the perfection of judicial application.First of all,the author attempts to analyze and improve the legal effect of mortgage advance notice registration priority compensation from the perspective of legislative theory based on the conclusions and viewpoints drawn from the fourth part of the logical argumentation,and put forward suggestions for legislative improvement.Secondly,optimize the legal provisions regarding invalidation of advance notice registration.Then,problems in different stages of judicial practice can be solved by using the legislative improvement suggestions put forward in the previous article.The sixth part is the conclusion.First of all,this article discusses and summarizes the legal effect of priority compensation for mortgage advance notice registration.Secondly,in conjunction with the provisions of Article 52 of the latest "Interpretation of the Civil Code on the Guarantee System" on advance notice registration,it compares and analyzes the conclusions of this article,and proposes suggestions for improvement.