Study On The Protection Of Expectant Right Of House Buyers

The study of expectant right originated in Germany,developed in Germany,and flourished in Germany.At the beginning,the discovery and emphasis on expectant right originated from the sale of title retention in Germany.In the sale of title retention,the buyer pays in installments and occupies the subject matter,and the seller retains the title of the subject matter until the buyer pays the money in full.At this time,the buyer's right is neither creditor's rights nor real rights.Expectant right followed.Domestic and foreign scholars have discussed the possible areas where expectant right can exist through the method of typified analysis.The author believes that in China,the anticipatory interests of real estate buyer is worthy of protection,and the protection of real estate buyer's expectant right is valuable only in real estate transaction.In other forms,either the existing system of rights is sufficient to protect it,or it should not be determined as a right at all.Therefore,the author has studied the concept and nature of expectant right,and believes that expectant right is a right that people hold considerable degree of expectation which implies real economic benefit for obtaining future rights after some elements of rights have been achieved.The author confirmed the protection value of expectant right from the interests behind it and its theoretical and social significance.On the premise of considerable understanding of expectant right,the author analyzes the current situation of the protection of expectant right of house buyers in China.Through the analysis of the typical case – the “one house,two selling” phenomenon,the author believes that the essence of this phenomenon lies in the inadequate protection of expectant right,and studied the legal regulations and systems for the protection of people's expectations in China using this phenomenon as an entry point.The author believes that,in addition to Article 28 of the Implementation Objection Reconsideration Provisions,the advance notice registration system,Registration and filing system of commercial housing pre-sale contract,the sale of title retention system,and the "one house,two selling" punitive compensation system are not examples of expected benefits by house buyers.The faultiness of the protection of the anticipatory interests of house buyers in China is that there are no specialized and systematically protection from the perspective of expectant right.The protection of the anticipatory interests of house buyers in the current laws in China has three problems: a lack of academic research,slow legislative progress,and instability problems of protection.In the end,the author believes that under the current law,local courts should formulate relevant guidelines to specify the conditions under which house buyers have priority in obtaining real property ownership in order to resolve class issues such as “one house,two selling” phenomenon.At the same time,the author suggests that the protection of expectant right should be clearly defined in law,and proposes to reform the advance notice registration system and registration and filing system of commercial housing pre-sale contract to protect expectant right of futures marketable housing buyers.And the author suggests that in existing house transaction,the time sequence of contract signing,the payment progress(or the buyer's performance in fulfilling contract obligations),and the reasons for failing to register for the transfer of rights,should be considered in determining which buyer enjoy expectant right and should be protected.