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Research on Advance Notice Registration

Author: GaoXueLiang
Tutor: ShiXianQun
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Advance Notice Registration Real Estate Real Right Alteration
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 357
Quote: 4
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Abstract


Advance notice registration, a special type of real estate registration system, had been a detailed provision in German Civil Code more than 100 years ago. Last year China introduced the Property Law with advance notice registration. So many experts in community of the theoretical and the practical concerned for this. This paper notice of a registration system for the study of the notice of a registration system for legal issues have been studied. This paper is divided into five parts: the first part and the second part is about the history of real estate registration system, discrimined the related concepts of real estate registration system and analysised the nature and value of real estate registration system. The third part disscussed the change of advance notice registration. The fourth part of Germany and Japan and China’s notice of a registration system (false registration), property registration change the content of the model and the effectiveness of different comparative study of the differences, and deepen the understanding of the system Part five reviews notice of deficiencies and registration system and to improve China’s inadequate notice of the proposed registration system, the Property Law with a view to supporting laws and regulations and judicial interpretations provide valuable reference.The first part covers three aspects. First of all, notice the history of the registration system reviewed, thereby giving notice of the registration system recognizes that the creation of inevitability in Germany. Germany is to take the formalism Property Property typical pattern changes the country is the property of no independence for the birthplace of the theory. Under the guidance of the Theory, Germany constructed the notice of registration system. Secondly, the notice of registration and related concepts were determined. Germany notice of a registration system for the legal system of many countries by the transplant, including Switzerland and Japan and China’s Taiwan region. Because the national legal systems of different reasons, leading to notice the meaning of the concept of a registration system and use are quite different. This paper prepared objection to the registration and notice of registration, as well as Japan registered preparing false registration and the registration notice for the registration and processing will help us correctly understand and grasp the concept and its related registration notice. Then, the author discussed the characteristics and classification of realestate registration system.The second part focused on the registration of the notice of the nature and value system. First, the different opinions of academic nature of the registration were summarized. Secondly, according to the content of the registration notice, the author proposes the independence of registration system and gives it a reasonable understanding. Then, the author values the notice of the registration system by analyzing a case in Germany "Property Law" textbook. It is found that registration system is a special registration system which overcomes the drawbacks of the inadequate protection of the Debt Act on Property Law Act, therefore, it protects the changes of immovable property. Finally, this paper discusses the legal value of advance notice registration.The third part discusses the change of advance notice registration, analysing the registration process from dynamics perspective. It includes the establishment, occurrence, transference and extermination of advance notice registration. The factors of its establishment is summaried, and then the elements and way of its occurrence are stated. At last, the transference and reasons of its extermination are analysed.The fourth part discusses the difference of advance notice registration in Germany, Japan and our country. First, Germany adopts property formalism on the choice of property change model. The establishment, transfer, change and abolishment of immovable property will not come into effect until registration. Japan adopts property rights idealism. Japanese civil law says that creditor’s rights and contract may lead to the property rights change and property registration is not the necessary condition of property rights change. While our country adopts eclecticism in which effective registration is the general principle and confronting the registration is an especially excluded legislative choice. Secondly, in the notice of registration (false registration) registered with different contents. Germany and China registered in the register notice of the same contents, that is,the claim the right to request for content. The aim was to safeguard the future of the property to achieve change. Japan’s false registration of the contents of the register is the request of the right to register. Third, based on discussion above, the writer compares the effectiveness of the registration notice of the three countries. Germany notice of the effectiveness of the registration system include: preservation of the right to request protective effect with the effect of bankruptcy protection in the effectiveness and relative effectiveness of the notice of registration. Japan leave the effectiveness of the registration include: the preservation-preservation of the rights of the effectiveness of bankruptcy protection and the effectiveness of early warning. In China the effectiveness of registration has explicit stipulations on protective effectiveness, but the preservation of the effectiveness and the effectiveness bankruptcy protection, and other effects were not involved.The fifth part reviews the deficiencies and shortcomings of advance notice registration system, listing the problems in it, including lack of unified real estate registration system, single arrangement of advance notice registration (unitary preservation of the right to request), lack of defense rights, detailing the process of advance notice registration, lack the regulations of bankruptcy protection, lack the possibility of litigation becoming advance notice registration system, etc.Based on this, the author gives some advice to the improcement of advance notice registration system. One is to make out the relevant contents of advance notice registration in the form of judicial interpretation, primarily including: (1) to make the scope of advance notice registration clear, (2) to give the right of defense to obligations person, (3) to detail the process of advance notice registration, (4) to establish a litigation notice for the advance notice registration system, (5) to prescribe the bankruptcy protection. The other is about the establishment and improvement of advance notice registration made by the relevant departments. (1) The "Bankruptcy Law" prescribes the bankruptcy protection effectiveness of the advance notice registration. (2) The "civil law" provides: to expand the scope of request rights of advance notice registration; to establish the defense system for advance notice registration obligations; and to provide the bankruptcy protection effectiveness.

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