Research On The Right Of Expectation Of Real Estate Buyer In China

For real estate changes,our country adopts the principle of effective registration,that is to say,before the completion of registration,the buyer does not have the identity of the owner.At this time,its legal status is very fragile,and it may face many risks,such as the seller resells the real estate again,or the seller’s all real estate is enforced by the court because of his own debt.Germany also adopts the same real estate change mode as China,which also faces the risk to the buyer due to the long registration process.For this reason,German jurists use the reasonable theory of real right to create the expectant right of real right in order to protect the buyer’s rights and interests.Following the example of Germany,China has formulated a series of judicial interpretations from the "reply to construction project" to the "provisions on objection reconsideration" in order to protect the right of expectation of the real estate buyer.However,compared with the real right of expectation in Germany,there are obvious problems in the protection of the right of expectation in China.The most important one is that it does not have the appearance of publicity,which makes the right of expectation lack of independence,and the buyer has no effect of disposition.As a result,the protection of real estate buyer’s right of expectation in China is obviously insufficient,and there is a conflict with the current law,which can not be perfectly integrated into the whole legal system.This paper uses the method of comparative research and empirical research to compare the real right expectant right between China and Germany.Combined with the case analysis,this paper analyzes the problems existing in the theory of real estate buyer’s right expectant right in China,and discusses the necessity of online signing filing as the appearance of expectant right publicity.Combined with the theory of expectation right in Germany and the judicial practice in China,this paper explores the theory of expectation right of real estate buyer in China.