Research On The Expectancy Rights Of Real Estate Buyer

Due to the rapid development of the commodity economy,the property transaction market is also becoming more and more prosperous.While the volume of housing transactions is gradually increasing,the number of housing ownership dispute cases has also increased accordingly.Especially under the current pre-sale system of commodity houses in China,there are often a large number of buyers who pay for the houses but do not register for the transfer.In the whole process of housing transaction,the buyer generally reaches a sale and purchase agreement with the seller first and signs a housing sale and purchase contract,and then the buyer needs to pay for the house,and some need to apply for mortgage loans.Therefore,before the formal registration of the change of ownership of the house,there is usually a relatively long interval during which some buyers may have actually occupied and used the house,or some buyers who bought the house from the developer have not actually occupied the house.Because of China’s registration system for real estate property rights changes,it may lead to the fact that at this time the buyer does not enjoy the ownership in the legal sense although he has fulfilled all the contractual obligations.Under the premise of such system,what kind of legal status of the expectation right of the buyer of the house and what kind of legal regulations should be adopted to regulate and protect it have become the focus of attention in the academic circles as well as in practice.Since the Supreme Court promulgated the Provisions on Several Issues of the People’s Courts in Handling Cases of Execution Objection and Reconsideration,it has provided certain legal guidance to the buyers of houses,and many courts in judicial practice have cited Articles 28,29 and 30 of the Provisions to hold that the buyers of houses should enjoy the right of expectation during the blank period before the registration of the transfer of houses.However,because the current legal system has not yet provided for a unified scale of discretion,resulting in different views of the courts at all levels when applying the above judicial interpretation provisions to hear cases,and even the Supreme Court in similar cases are not the same.In China’s current legal system,the right of expectation is not incorporated into the civil law system as an independent right,and there is no system of expectation for the buyers of houses,and there is no unified view in the academic field as to what kind of nature this right of expectation belongs to.This also leads to the conflict between the right of expectation of the buyer of the house and the mortgage right enjoyed by the financial institutions and the limited right to be paid for the construction work enjoyed by the construction company in the judicial practice,and the law is not definite as to which should be given the highest priority for protection.In order to fundamentally protect the expectancy rights of a home buyer,it is necessary to construct a home buyer’s expectancy rights regime.To protect this right as a relatively independent right,it is necessary to clearly define its constitutive elements from the legislative level,and secondly,it is also necessary to clearly define which right is in a more priority position when the right of expectation of the buyer of the house conflicts with the general claims,the security right enjoyed by the creditor,the priority right of the contractor to enjoy the construction price,and other priority rights.After the legislation is clear,the remedy for the buyer should be clarified from the judicial level to ensure that the right is really applied to practice.Through the discussion of thesis,we aim to make up for the judicial "vacuum" in the maintenance of the rights and interests of the buyers of houses before the change of the ownership of houses by putting forward positive thoughts for the establishment of the system of expectation rights of the buyers of houses,and to solve a large number of disputes over the ownership of houses in practice by granting the buyers of houses with practical rights and interests,so as to The research results of the thesis are expected to give the judiciary a better understanding of the legal system,and to ensure the authority and effectiveness of the enforcement of the law by the people’s courts.It is expected that the research results of the thesis will bring reference significance to the judicial practice in dealing with housing ownership disputes and safeguarding the expected rights and interests of housing buyers.