On The Expectation Right Of Real Property Buyer

In the process of real estate sale and purchase in our country,there is a blank period between the performance of the contract and the completion of the registration formalities of real estate ownership after the seller and buyer sign sale contract.During this period,real estate buyers do not enjoy full ownership and are in a relatively vulnerable position in law,which is worthy of legal protection.Therefore,we introduce the German theory of real right expectation to give special protection to real estate buyers in this legal position,and make a series of judicial interpretations,hoping to provide certain protection to the real right expectation of real estate buyers.The protection of real right of real estate expectation is a beneficial exploration to solve the existing problems of our registration system.No doubt there is a certain theoretical basis for real right,which originated in Germany.German law circles have had more perfect regulations on real right.And the right is not clearly defined in law.Since the introduction of the theory,there are many disputes on its basic concept,nature and judicial application,and it also causes many problems and contradictions in judicial practice.Therefore,at the beginning of this thesis,the concept and type of property expectation right of real estate buyers are explained,and after a comprehensive discussion of various theories and viewpoints on the nature of property expectation right,the property expectation right is identified as an intermediate right.Secondly,through the analysis of "consumer survival right","possession","real estate registration procedures" three aspects,clear the real estate buyers of the legal status of the expectation of the right to protect the legitimate basis.Then,by discussing the application of real property expectation right in Chinese judicial practice,it mainly enumerates the following two aspects: one is the generalization of its legal protection,and the other is the expansion of its protection rights.Therefore,based on the existing legal framework of our country and combining with the situation of our country,the constitution of strict limit of real estate buyers of real right,and clear the effect of the real right of real estate buyers are proposed.Hoping to clear the focus of the current disputes,improve the relevant regulations of real right of real right and further promote the solution of the judicial problems.It is expected that the real estate buyer’s expectation right rule can be better applied in judicial practice.