A Study On The Protection Of The Real Estate Purchasers' Right To Expectation

China learns from German "expectation right" theory to protect buyers who have fulfilled most of their obligations in the real estate transaction process.Such rights enjoyed by the buyer are the right to expect the right to buy real estate and the right t o buy real estate.The right of expectation can be mainly divided into the right of expectation of the right to buy a real estate and the right of expectation of a consumer of real estate.The expected interests of the buyer before real property registrati on should be reasonably protected.There has been consensus in the theoretical and practical circles,but the nature of the right cannot be unified,and the conditions for obtaining the right are lacking in uniformity requirements,which also leads to the right.Can not reflect a certain degree of certainty and stability.Therefore,it is of great significance to quasi-deterministically and reasonably stipulate the conditions for obtaining such rights.At present,the doctrine of the definition of the natur e of the right mainly includes the theory of creditor's rights,the theory of new rights,and the theory of real rights.The right to expect the right to buy real estate should be a property right,and the creation of a creditor's right usually does not have a certain public appearance and is not known to others.The new type of rights theory is compromised,not only recognizing the essence of the right as the owner's expectation of real rights,but also overemphasizing its dependency on creditor's rights.Real estate buyer's right to expect can be understood as a new type of real right created by customary law,and the change in real right in real property transactions has multiple elements.It is not possible to determine the property right only by a single factor.After obtaining the conditions,most of the ownership rights can belong to the de facto real rights holder,and the creation of this right is consistent with the legislative thinking of the real right law to protect the real real right holders,so it is reasonable to characterize them as real rights.According to the theory of dynamic system and the theory of ownership division,the acquisition conditions of the right to expect the right to buy real estate are determined.First of all,the acquisition of real estate buyer's right of expectation must have a real and effective sales contract.The change of real property in our country is the formalism of creditor's rights.The authenticity of this basic legal relationship is very important for the determination of the right;The record filing was publicly disclosed.The publicity function of possession has a certain theoretical basis,and has been recognized to a certain extent in China's legislative and judicial practice.Although online signing is a measure taken by the real estate transaction department to regulate the market,it cannot be denied that it has a publicity role,and it must not ignore its practical value when judging the change of real property rights.Finally,it is to review whether the buyer has blameability It should be translated into objectively visible standards,that is,when the buyer submits registration application materials that meet the requirements or has registered for advance notice,it should be regarded as subjective and not attributable.