Research On Expectations Right Of The Assignee Of The Real Estate

Expectations Right is put forward firstly by German civil law which solve the main problem of buyer's position of attached delay condition of real right in retaining ownership of buying and selling.Expectations Right Theory is mainly used in the real right and inheritance in German civil law.The reason to use Expectations Right Theory is that there are two stages for getting property no matter in the real right areas or inheritance,they are Consensus stage(inheritance happened)and property transfer stage(real right transfer registration).In the Consensus stage,the person who gains the property in the future should be protected by Expectations Right.However,Expectations Right theory doesn't exist in China's civil law.Expectations right Theory as academic concept is symmetric with Vested Rights Theory.The 28th clause of Several Problems about the People's Court for Execution Objection and Reconsideration be regarded as typical legislation about Expectations Right.An outsider execution objection proceeding is settled in Law of Civil Procedure,which need to review essential condition in The 28th clause of Several Problems about the People's Court for Execution Objection and Reconsideration.According to analysis,The 28th clause of Several Problems about the People's Court for Execution Objection and Reconsideration should mainly concern to Consensus and occupation of future buyer's Expectations Right without other conditions.Advance-notice registration and contract of advance sales register system and its relationship with Expectations Right are researched.Author get the result that advance-notice registration and contract of advance sales register system cannot be considered as composition of Expectations Right.At last,author analyzes Expectations Right Protection System and the numerus clausus of real rights.