Research On The Buyer's Right Of Expectation Before Real Estate Registration

Article 9 of the Property Law of our country stipulates that the alteration and transfer of real property right must be registered according to law before it has legal effect.If it is not registered,no alteration or transfer of real property right will occur.That is to say,the change of real property right must be based on registration.However,in the face of complex and ever-changing social activities,the implementation of registration validity doctrine will inevitably lead to many unregistered buyers' protection of legal interests.For example,the validity doctrine of real estate registration will lead to the problem of the time interval between the consensual behavior formed by both parties in real estate transactions and the actual acquisition of complete real rights in real estate.If during this period of time,the transferee of the real estate or the transferee of the real estate is in a state of restrictive disposition because of his external liabilities,it will directly and seriously threaten the legal rights and interests of the transferee of the original real estate to acquire the ownership of the real estate.In this case,if the simple machinery continues to follow the validity doctrine of registration of changes in real property rights,regardless of any efforts made by the original real estate transferee to acquire the ownership of the real property,it can only obtain the creditor status arising from the right of delivery claim.However,due to the equal nature of the creditor's rights,before and after the request It is still pending which Party of the claimant should acquire the final and complete right of the real estate.Under the background that China's real estate industry has become the economic pillar of the country,in the face of soaring house prices,most people in social life have spent all their lives in order to achieve a peaceful living.However,when they have not acquired a complete real right to the house they purchased,they will be infringed upon,because of the lack of legal system,they can not.However,in the existing legal provisions of our country,the right of expectation does not have its own independent theoretical and institutional system.It is proposed as a concept relative to vested rights based on the actual needs of the classification of rights,and its manifestation is only scattered in the relevant laws and judicial interpretations.The purpose of this paper is to help the buyer find more possible ways to obtain judicial relief when the house purchased by the buyer is at risk of infringement without the protection of ownership.This article is divided into three chapters.Firstly,in the introduction part,the background and significance of this study are elaborated,the current research status of the buyer's expectancy right before real estate registration is sorted out,and the concept of the object's expectancy right to be studied in this paper is defined,and several issues of the buyer's expectancy right before real estate registration are summarized.The main problems are also explained in this part.Chapter one defines the buyer's legal status as the right of expectation under certain conditions before the registration of real estate,and on this basis,examines and analyses the theory of the right of expectation.In the first section,the controversy of the basic theory of the right of expectation in the academic circles is summarized.On this basis,the concept and nature of the right of expectation,which has long been controversial in the theoretical circles and in practice,are comprehensively described and analyzed in terms of theoretical research,judicial practice and legislation,respectively.At the same time,I give examples.Firstly,the negative defensive effect against the infringement of the seller and any third party,secondly,the positive effect on the disposition and transformation of the right of expectation into the right of integrity.Thirdly,the author demonstrates the transfer of the buyer's right of expectation before the registration of real estate from the aspects of the transferability of the right of expectation,the mode of transfer and the consequences.After that,it briefly analyses the situation in which the right of expectation is used as security.The third chapter is the conception of the theoretical path choice of the right of succession to expectation in China.On the basis of the analysis of the current situation and problems of the relevant provisions of the buyer's right of expectation before the registration of real estate in China,this paper,through the investigation and analysis of the legal experience of the system of the buyer's right of expectation before the registration of real estate in Germany,draws lessons from the experience of relevant legislation and system construction in Germany,conceives the theoretical path of the right of expectation in China.In view of the current focus of the problem to seek solutions,and earnestly safeguard the legitimate rights and interests of the buyer.