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预告登记制度首先规定于德国,由于其巨大的社会实用性,相继为许多国家所采用,我国2007颁布的《物权法》也正式采纳了这一制度。但是在法律适用方面,《物权法》和《破产法》之间存在冲突,在双方均未履行完毕和一方义务履行完毕的合同上,预告登记的破产保护效力缺乏明确规定,造成法律适用上的障碍。本文希望通过对不动产预告登记破产保护效力的研究,能够为解决以上难题提供思路。
The advance notice registration system was first stipulated in Germany. Due to its huge social utility, many countries adopted one after another, and the “Real Right Law” promulgated by China in 2007 formally adopted this system. However, in terms of the application of law, there is a conflict between the Property Law and the Bankruptcy Law. On the contracts that both parties failed to fulfill their obligations and the obligations of one party were fulfilled, the lack of clear provisions on the validity of the bankruptcy protection registered in advance caused an obstacle to the application of the law . This article hopes that the real estate foreclosure through the study of the effectiveness of bankruptcy protection, can provide ideas for solving the above problems.