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预告登记制度在我国刚设立不久,大量的涉预告登记制度与相关法律制度冲突的案件随之相继出现,预告登记制度作为舶来品,加之我国立法对其的规定又比较原则和抽象,在司法实践中,必然面临与查封登记的衔接。当买卖之标的物被另案查封,此时定会出现两种利益的冲突,如何平衡各方权益,合理协调冲突,成为现实而又迫切的问题。本文从两种情况、四个问题出发,以求能明晰两者之间的关系。
Notification of registration system Just established in our country a short time ago, a large number of cases involving the registration system of pre-notice conflicts with the relevant legal system have appeared one after another, pre-registration system as imported goods, combined with China’s legislation on its rules and more principles and abstractions in the judicial practice , Bound to face the closure of registration and registration. When the subject matter of the sale and purchase is seized by another party, then there will be a conflict of interests between the two parties. How to balance the rights and interests of all parties and reasonably coordinate the conflicts has become a real and urgent issue. This article starts from two kinds of situations and four questions, in order to clarify the relationship between the two.