论预售商品房之预告登记——以预售登记与预告登记的制度接轨为视角.docVIP

论预售商品房之预告登记——以预售登记与预告登记的制度接轨为视角 （硕士论文摘要） 2007年3月16日，十届人大五次会议高票通过 [关键词] 预售登记 预告登记 法律效力 On Registration of Rights in House Sale Contract ——A perspective of the integration between registration of pre-selling house under construction and registration of rights in house sale contract （Abstract） On March 16, 2007, the Fifth Session of the Tenth National People’s Congress adopted “Property Law of People’s Republic of China” with a high majority, which, for the first time, established a registration of rights in house sale contract institution in our country’s legislation system. As a result, there are two independent institutions in the field of the registration of pre-sale real estate, namely the registration of pre-selling house under construction and the registration of rights in house sale contract. There’s few discussion on how to apply these two institutions and whether these two are both necessary. Therefore, the author of this article will attempt to solve this problem, and try to make some preliminary ideas on aligning of the two systems. This article is mainly divided into three sections. The first section focuses on the registration of rights in house sale contract institution established in “Property Law”. The core of this institution is the legal nature and legal effect. Therefore the author also focuses on these two aspects. In other words, firstly the author analyzed the legal nature of registration of rights in house sale contract based on the views of scholars home and aboard, and concludes that the it is a obligatory right with certain characters of property right system; secondly, the author theoretically analyzed the legal effect of registration of rights in house sale contract, namely the effects of priority，the ordinal preservation，the conservation and the prior warning, in the context of the legislation examples of German and Japan; finally, the author specifically analyzed the legal effect of this institution in China Property Law. The secon