On The Protection Of The Expectation Rights Of Unregistered Buyers Of Real Estate In The Process Of Enforcement

Based on the reality that buyers of real estate are in a disadvantageous state for a long time in the first-level real estate sales market,Supreme People’s Court of the PRC issued the "Provisions on Reconsideration of Execution Objections",and in Article 28 and 29,it gives real estate buyers the "real right expectation" to fight against compulsory execution,so that the buyers can obtain the priority legal protection status after winning the lawsuit.Because the expectation right of real right is antagonistic and public,and its birth is rooted in the creditor’s right relationship,it can not be perfectly interpreted as either creditor’s right or real right,and its nature should be defined as intermediate right.When a real estate buyer litigates an execution objection based on the expectation right of real right,in addition to the original contract relationship of real estate sale and purchase,it often involves the applicable situations in many intertwined scenarios,such as mortgage repayment,marriage inheritance,bankruptcy,etc.,which is relatively complex.Through the classification study of judicial cases,it is not difficult to find that in practice,there are still inconsistent understanding of the logical relationship of legal provisions,inconsistent identification of evidence,and unsmooth connection between litigation procedures,which make the buyer difficult to confirm his real right expectation.However,abusing the provisions on the expectation right of real right in the Provisions on Reconsideration of Execution of Objections and blindly expanding the understanding of the applicable conditions of the expectation right of real right are inconsistent with the original intention of legislation,and such expanded interpretation is not conducive to the improvement of the security of trading and transaction efficiency.Therefore,it is necessary to strengthen the protection of the expectation right of real estate buyers.It is necessary to understand the expectation right of real property through diversified means of legal interpretation,strengthen the proportion of case and verdict by unifying basic evidence identification standards as far as possible,and provide corresponding help to real estate buyers so that they can successfully form a connection between the action of execution of objection and the action of payment of ownership.In addition,it is necessary to prevent the abuse of the concept of expectation right of real right,excessively widen the legal boundary,and give some persons subjected to execution space to escape legal loopholes,resulting in threats to the security of the sale and purchase.