Research On Protection Of Expectation Rights Of Pre-Purchaser Of Commercial Housing

The pre-sale system of commercial housing was first established in 1954,and has become a common sales mode.For developers,it can predict the demand for commercial housing,avoid housing surplus,solve some sources of funds and reduce the risk of bankruptcy.For pre-purchasers,pre-sale meets the expected benefits of pre-purchasers and reduces the pressure of one-time full purchase.However,with the development of housing commercialization in our country,the game between pre-purchasers and developers is becoming more and more fierce,and the rights and interests of pre-purchasers are often infringed in practice.Judging from the actual situation,the pre-purchaser is in a weak position,the developer's information disclosure is not in place,the advance notice registration is not possible,false advertising,pre-sale funds supervision is not in place and other issues make the rights and interests of the pre-purchaser of commercial housing not guaranteed properly.How to protect the legitimate rights and interests of the pre-purchaser has become the focus of academic research.At the same time,China has not introduced the theory of the expectancy right of the pre-purchaser.The rights of the pre-purchaser before acquiring ownership have not been clearly defined in law,and the commercial housing can not be transferred before the registration of property rights,which seriously limits the disposition right of the pre-purchaser.Therefore,based on the current system,this paper analyses the legitimacy of establishing the anticipation right system in real estate field in China,and combines typical cases to analyze the violation of the anticipation right of the pre-purchaser,investigates and draws lessons from foreign experience on the protection of the anticipation right of the pre-purchaser,and puts forward some suggestions for the protection of the anticipation right of the pre-purchaser ? This paper holds that the improvement of the protection system of the expectancy right of the pre-purchaser should start from the existing legal system,through improving the access and exit mechanism of developers,strengthening the information disclosure system of developers,strengthening the application of the notice registration system,perfecting the supervision responsibility system of the pre-sale funds,and increasing the penalty for the illegal activities ofdevelopers,etc.hoping to provide help for regulating the bad behaviors of developers,purifying the real estate market environment,and maintaining the real estate market order,thus protecting the anticipation right of-purchasers and promoting the stable and healthy development of the real estate market.