（中南财经政法大学法学院，湖北 武汉 430073）
Judgement on the “sufficiency of excluding the enforcement” of holder in the advance notice registration
—Based on the Article 30 of Provisions of the Supreme People's Court on Several Issues concerning the Handling of Enforcement Opposition and Reconsideration Cases by People's Courts
CAI Hong, DENG Qinting
（Law School, Zhongnan University of Economics and Law, Wuhan, 430073 China）
Abstract: Article 30 is used as the ground for the transferee to raise an opposition to stop the disposal of the seized real property that the advance notice registration for transferred real rights has been undergone. However, because of the “an opposition to stop the disposal of the seized real property” and “the real right registration conditions are met” need to be further explained, there are appreciable controversies judgments. According to the relevant theory of enforcement, what rights, except for ownership, are enough to prevent enforcement, should be determined according to the nature, effectiveness and purpose or method of enforcement. To properly judge the cases, where a non-party raises an opposition to prevent enforcement, the people's court shall examine the nature and effectiveness of the advance notice registration, meanwhile, make the constituent requirements and “the real right registration conditions are met” in accordance with the current law. At present, the effectiveness of advance notice registration in enforcement in China is not clear, but in combination with its effectiveness in the real right law, the disposal should be included the auction and sale. The court shall not apply Article 30 to the pre-sale contract, online contract signing and other situations of advance notice registration. Moreover, the requirements of the “the real right registration conditions are met” shall be as followed: met the legal and valid commercial housing sales contract, has already processed the advance notice registration and paid the full price or as otherwise agreed.
Keywords: the holder in the advance notice registration；Enforcement Opposition ；effectiveness；sufficiency of excluding the enforcement of civil rights and interests；the real right registration conditions are met.