On The Assignee's Expectant Right Of The Pre-sale Real Estate

Pre-sale real estate is a major financing way for the real estate developers,and it is also a major way for citizens to buy real estate.Real estate seller and buyer on the sale reach a desired pre-sale and contract signed.The subject matter of the sale is still in construction,so the buyer can only be obtained by the fight of the expectations to the pre-sale real estate.The right is based on the pre-sale contracts,so essentially it is a claim with character of formative.It has attributes of an independent property,could be transferred and pledged,and it also be applicable in the system of good faith acquired,but the specificity of action is that need to delivery the contract,to the assignee or the pledgee.But in the case of the incomplete expectant right and the system defect,the expectant right of the pre-sale real estate is very vulnerable to abuse,and the protection by the existing legal system is not enough and strong.So it is need to build a new kind of protecting mode to conduct a comprehensive and effective protection.In this paper,from the perspective of the economic value of the legal relationship and the theory connotation of the rights and obligations,the writer has adopted the means of value analysis and empirical analysis.He had referenced the domestic and international legal experts' and scholars' theory,and conducted some detailed comparative analysis and demonstration in simple terms on the concept,the nature,transfer,pledge,and protection mode of the expectant right of the pre-sale real estate.Finally,he got several independent innovative achievements.At the initial stage in this research area in China,these achievements of innovation theory are very important with reference value.