An Analysis Of The Conflict Between The Anticipation Right And Mortgage Rights

In daily house sale and transaction activities,generally speaking,the house sale contract signed by the buyer and the house owner often takes a certain amount of time from the effective date of the contract to the registration of the house transfer.In this stage of the transfer from agreement to ownership by the buyer and the owner of the house,the buyer has already generated the expected benefits of the ownership of the house.If the buyer has met the relevant legal requirements,it should obtain the legal protection of the expectation of real rights,so as to achieve the priority of protection over ordinary claims.In other words,some special protections should be given to the buyer’s expected benefits in the transitional phase.The right of expectation,as a theoretical concept,was first proposed by the German civil law circles.The concept of the right of expectation that corresponds to each other is the vested right.This concept is a breakthrough to the principle of publicity of property rights,and because it has a wide range of applications in judicial practice,there are many disputes in both academic and practical circles.Specifically,when the mortgagor is unable to repay the mortgagee’s debts and the house is enforced by the people’s court as collateral,if the house buyer can meet the provisions of the Supreme People’s Court on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by the People’s Court 》In the four situations stipulated in Article 28,you can file an execution objection as a person outside the case and request the court to exclude compulsory execution.Under the circumstance that property rights are statutory and real property rights are subject to registration,the Supreme People’s Court has opened a "knock" in this regulation,the purpose of which is to protect the property rights expectation rights of those outside the case.The fundamental reason for the dispute is that there is no explicit stipulation on the concept and nature of the right of expectation in the provisions of my country’s civil law.With the increasing number of enforcement objections filed in commercial housing sales cases,it has become a difficult and painful point that cannot be ignored.If the connotation and constitutive elements of the expectation right of real rights are not strictly controlled,it will cause the abuse of the expectation right.If the situation is serious,it will also impact the mortgage right system,damage the legitimate interests of the executor,and shake the credibility of the mortgage right.It is necessary to further research,analyze,and discuss the application of expectation rights.For example,in a housing enforcement case,what conditions need to be met by the buyer to obtain a complete right of expectation of property rights? Can the act of repaying the debt with the house in the house sale contract be regarded as enjoying the expectation right of real right? How to balance the interests of the buyer and the mortgagee when the expectation of real rights conflicts with the mortgage right? This article intends to summarize and refine the focus issues from the perspective of three typical cases,then conduct in-depth analysis and discussion from legal provisions and legal principles,and finally give suggestions for improvement.