《物权法》中的不动产预告登记制度——对买房人权益的保障

Advance Notice Registration of Real Estate in Property Law——To Ensure the Rights of Houses' Buyers

《中华人民共和国物权法》规定了我国的不动产预告登记制度。预告登记是指为了保全以不动产物权的得丧变更为标的之债权请求权而设立的一项登记制度,经由此种登记,债权请求权也获得了公示的效力,从而得以对抗第三人。不动产预告登记制度,在实务中的作用集中表现在对商品房一物二卖的有效抑制。有了该项制度,可以较好的控制卖房人尤其是房地产开发商的不当交易行为,更好的保护买房人的权益。

The registration for advance notice of real estate has been stipulated in the Property Law of People＇s Republic of China. From the perspective of jurisprudence, the registration for advance notice refers to a kind of registration to assure the safety of the right of debt request, the objective of which is the alternations of real estate. Through this registration, the right of debt request could win the virtue of exposition, so it could be opposed to the third person. The advance notice registration system of real estate is obviously embodied on the issue that one commercial house could be sold twice in the practical affairs. With this system, it would be better to control the improper deal acts of houses sellers, and bring more benefits to protect the rights of houses＇ buyers.