Study Of The Judgment Of The Execution Of The Expectation Right Of Real Estate

The seller signs a real estate sales contract with the buyer.During the period from the contract to the completion of the registration procedures of the transfer of real estate ownership,the real estate buyer is in a special legal status,and the rights and interests generated by this status are worthy of legal protection.This interest is the expectation of obtaining full ownership,which is different from both real right and creditor’s right.Legal provisions for the civil rights and interests,but in theory,most scholars tend to "real right expect right",namely the subject of the real rights of civil rights has not yet reached the general ownership,but has in fact enjoy the ownership of some rights and interests,namely possession,use right,earnings,the real estate buyer also enjoy another rights and interests,namely requires the real estate seller to deal with the transfer registration.The existence of the reason behavior becomes the carrier of the property right expectation right,is the embodiment of the inherent legal value of the property right cause behavior,and has the judicial determination value that cannot be ignored in the lawsuit of the real estate execution objection.The special concept of "property right expectation right" just reflects the difference between it and the general ordinary creditor’s rights,and its special position in law.Due to the lack of specific provisions on the legislative level of property right expectation right,it is necessary to further enrich and improve it in theory.By analyzing the concept,types and nature of property right expectation right,it is helpful to further understand the expectation right of real right and better apply it in the execution of objection litigation.Implemented in May 2015,the Supreme People’s Court on the people’s court for execution objection and reconsideration cases of several issues(hereinafter referred to as the execution objection reconsideration provisions),article 28 and article 29 about real estate property right expectation holder in excluding execution condition is different,lead to the court in the applicable relationship between the two are different.This paper mainly through the analysis of cases,focus on the disputes in the results,thus leads to the judicial organs of the real estate buyer in the execution of objection,article 28 and the relevant provisions of the real right,but the relationship between the two disputes in practice,and the comparison between the real right and other priority compensation.By clarifying the constitutive elements of the real right of the real estate buyer in the lawsuit of execution objection,the application relationship of Article 28 and Article 29 of the Provisions on execution objection Review is more conducive to guarantee the complete realization of the property right of the real estate buyer.Article28 and Article 29 have made formal requirements for the contract,and the signing of a written sales contract is the basic condition for the acquisition of the expectation right of property right.Therefore,strict examination must be made when determining whether the contract is established,inverted,or malicious collusion,so as to ensure the authenticity of the contract.The action of execution objection has independent procedural value,and the buyer of real estate starts the action when excluding execution,which achieves the legal effect of excluding execution.It is necessary to maintain the unique value of the action of execution of objection,clear the specific rules in the exclusion of execution,so as to solve for the judicial organs.