The Research On The Expectant Right Of The Real Estate Buyer

According to having or not all the important conditions for the establishment of civil rights, civil rights can be divided into vested right and expectant right. The expectant right is one right that is one imperfect and that is in the transition stage to the vested right when the specific conditions are achieved. As the expectant right is similar to common property rights of real value,it must be protected by law, and also has independent functions of right. Just as it can be transferred, pledge and obtained in good faith.As the completed right, it has kinds of various types. But it only involves real estate deal in the field of application.With the development of reform and opening up, Real estate market has achieved rapid development in China. In order to maximize resources and trading of fast, transaction for pre-sale consent involving commercial housing act came into being. The maximum feature of it is transactions of non-instant sexual, namely between the sale contract signed and ownership transferred, there always exists a time paragraph, during this period,the interest of purchaser is in a constantly transformation of process from General of creditors to ownership people, and the interest of look forward to have ownership is in a state of development, to achieve the transference of ownership as specific conditions implement. During this process the buyer's interests will require special protection, and so the expectant right system was introduced. In addition to property under construction trading, because of the presence of real property registration system, complete department trading houses have been delivered but the form of real property registration is not yet complete, that is to say, there is a time difference, when also require s expected right to inter to provide security.Currently, the legal system of china has not been introduced the system of expectant right, and the research about it is also stay in a early stage. with regard to the status of the buyer, despite many people think it is expectant right, but there still isn't systematic research to meet current social economic of need, therefore, this article aims to explain the buyer'expectant right by reference of Germany theories, and by analysis the nature, effect, and independent right function of expectant right to expand expositions, with a view to reach that provide protection of legal status to buyer,and implementation social fair of purpose. This article focuses on the legal effect of the commercial real estate buyer. The first is confrontation effect, disposition effect and the formation effect of General expositions, and then specifically for the disposition effect of the expectant right of the buyer, including transfer, good faith acquisition and the guarantee rules, especially the transfer rules. The article focuses on exposition of the expectant right of the buyer as preliminary registration. Respectively from the expectant right itself of transfer sexual, transfer rules and the transfer effect for discussion. By analysis the disposition effect, provide a theory support to the market circulation order of effective.This final conclusion is the expectant right system study in China has just started, many systems can hardly be supported at the national legislative level, but this is not deny the value of the expectant right of the buyer. Instead, we should adapt to the needs of the economic and social development, learn and refer Germany expected right theory, from the China's national conditions,proceeding to build for our right to expectant systems to enhance the protection of the rights and interest of vulnerable groups in the real estate market.