On The Registration Of Real Estate Buyer Looking Forward To The Legal Effect Of The Rights

Under current China's laws, the legal status of the real estate purchaser before register has not given a clear definition. In practice, the purchaser is protected by the right of creditor's claim. However, many arguments still exist in the rights belonging. In this paper, the right that the real estate purchaser before register has is defined as expectant right, and then the author deals with the subject.About the value analysis on the expectant rights of the real estate purchaser before register, the author addressed these concerns from angles of the experience coming from German civil law, traditional conception in our home country, contradiction and conflict in judicial practice, social background and social requirement. Two cases that the author experienced have been quoted.Then, the discussion was the preconditions for building the expectant rights of the real estate purchaser before register. Generally, two requests that real estate itself has been delivered and the register declaration of will has accomplished with rule must be satisfied. Here, the author analyzed the specific forms of register declaration of will under China law as well as provided some advices to perfect it. In the following, the author focused on the advance registration which is a special method to obtain expectant rights and analyzed the relationship between the registration of the contract for advance sales of commercial housing and the advance registration.This paper focused on the legal strength of the real estate purchaser before register from four aspects: first, the passive defense for nuisance from the counter seller and any third parties; second, the positive strength about the possession of the real estate, using the real estate and getting benefit, the disposition of expectant right and becoming complete absolute property; third, the transferring of the expectant right; finally, the guarantee with expectant rights.Basis on the discus about the legal strength of expectant rights, the author further analyzed the conflicts between the expectant right and other rights in practices as well as provided some advices about higher priority among the expectant rights of the real estate purchaser before register, the rights of mortgage holder whose encumbered property has been building, the priority that the contractor get the payment.Finally, This paper come to a conclusion that in a longer duration between the ownership transfer agreement and register, it is reality to strengthen the protection for the purchaser who equipped with added weapon that is expectant right, to make full use of the real right value by transfer expectant rights and set its pledge which can make the purchaser have time to control the opportunity cost during the long waiting. It also accord with the efficiency principle of civil law.