| In the general sales contract,especially the house sales contract,the buyer often can’t obtain the ownership of the house immediately.After the two parties reach an agreement to sign the contract,there is a long period of gap before the registration procedures are fulfilled.At this time,if the seller’s rights are limited,it is likely to cause infringement on the buyer.Therefore,China has set up the real estate expectation system In order to protect the buyer’s legitimate rights and interests and make it enjoy priority.There is a certain theoretical basis for the expectant right of real right.It is not born out of thin air.It originated in Germany.Foreign countries have relatively perfect provisions for the right.However,in China,there are many disputes about its connotation and nature.Due to the lack of clear application of law,there are many conflicts in practice.Nowadays,there are more and more objections to execution.The fundamental reason is that the current relevant laws are not perfect,the legislative system is not perfect,and the construction of the right of expectation of real right is lacking.Therefore,the research on it is not only conducive to enrich the existing theory,but also can better solve the objection to execution.Therefore,this paper takes the application of the rules of the right of expectation of real right in judicial judgment as the research object This paper analyzes the connotation of the right,discusses its nature on the basis of accurate definition,not only analyzes and summarizes the current typical cases,but also summarizes the existing problems,and on the basis of learning from foreign successful experience,combined with China’s current national conditions,puts forward the corresponding solutions,hoping to clear the current focus of dispute,improve the property rights The relevant provisions of the right of expectation further promote the solution of judicial problems. |
