Research On The Protection Of Real Estate Transferee's Expectant Rights

The concept of expectant rights was first proposed by the German civil law academic community.The expectant right was initially limited to the ownership of the buyer,and then gradually extended to the creditor's rights,the time limit,the legal status of the lost property,and the real estate registration,its development experienced from special to general.In the real estate sale and purchase,it is inevitable that the buyer obtains the legally-owned ownership lags behind the creditor's right for a long time and so on.If during this period,the tranferor re-implements the transfer behavior,that is the second transfer,or if the transferor is required to close the risk of buying or selling real estate based on external liabilities,it will result in the real estate buyer being unable to obtain ownership of the real estate.Under this circumstance,if there are two claims for claims in the same real property,especially after one party has appealed to the court,the real estate is required to be sealed up in the execution procedure.How can the rights of the other real estate transferee be protected before the seizure?There is no clear protection of expectant rights in our civil law.At present,the views held by the judiciary and the oretical community are very unified,they believe that the protection of the real estate assignee's right of expectation is mainly based on the article 28 of ‘Implementation of the Objection and Reconsideration Case by the Supreme People's Court'.And this provision is hereinafter referred to as ‘the Regulations'.The new Civil Procedure Law determines outsiders litigation in enforcement of objection,it is common in specific judicial practice.To this end,this paper chooses to define the concept of expectation rights,and also analyzes the characteristicsand effectiveness and species of the real estate assignee's expectation rights.Through the analysis of current problems of unclear enforcement agaist legislation about protection of the real estate transferee's expectant rights in China,the analysis of unclear judgment criteria of the expectant rights,the analysis of judicial practice of whether the priority can be determined is different,the judicial practice is different,and the analysis of unclear scope of protection.This paper present the application of the lawsuit for the determination of the right and the enforcement of the objection to the objection,the improvement of the real estate transferee's expectation of the right to protect the objection,the clear signing of the legally valid written contract,the reasonable consideration of the payment of the price,legal possession,There is no fault in the transfer and the real estate transferee's expectation protection is set up under the expectation protection period.The real estate assignee's expectation right and the general legal status of the general creditor's rights,property rights and other legal priorities are clearly defined.It is assumed that the ownership of real estate is the scope of protection of the right to expect by inheritance.