Research On The System Of Expectation Right Of Real Estate Buyer

The main legal basis for the conflict between the real estate buyer’s right of expectation and the mortgagee’s right of mortgage in the people’s court’s trial of the enforcement objection lawsuit is Article 28 of the Supreme People’s Court’s judicial interpretation of the Provisions on Reconsideration of the Enforcement Objection.Sorting out and analyzing the relevant laws and regulations of China on the right of expectation of real estate buyers,referring to the German system of the right of expectation of real estate,the legal nature of the right specified in Article28 is determined as the right of expectation of real estate buyers with Chinese characteristics.Then,based on the 183 judgment documents of the Supreme People’s Court,statistical analysis is made on the relevant ratio of whether the right of expectation of personal rights of the real estate buyer can counter the mortgagee’s mortgage right,understanding the contradictions and conflicts between the right of expectation of personal rights of the real estate buyer and the mortgage right in judicial practice,sorting out the judgment documents of the Supreme People’s Court,and discussing the judicial application of the right of expectation of personal rights of the real estate buyer,including the transferee of the real estate in the agreement of paying off debts with things Whether the actual obligee of the house purchased by name and the assignee of the creditor’s rights with the real estate as the subject matter can obtain the right of expectation of the real right,whether it can legally occupy the property right before the completion acceptance,whether the replacement of the property right can be recognized as paying the corresponding price,and whether the buyer can be recognized as guilty of the prior mortgage.Finally,the online signature filing system is introduced.The "bona fide acquisition system of real estate" and the "purchase and sale without breaking the lease system" are divided into two situations,namely,the first purchase and sale followed by mortgage and the first sale followed by mortgage,to discuss whether the right of expectation of real estate buyer’s personal rights can counter the mortgagee’s mortgage,and to improve the system of the right of expectation of real estate buyer’s personal rights in China,so as to protect the legitimate rights and interests of the faultless buyer and the faultless mortgagee in the process of real estate purchase and sale,Balance the interests of both sides and maintain social stability.