On the Application of Law to the Protection of Buyer's Real Right Expectation Right in Execution Procedure

Based on the theory of expectation right of real right, the rights of real estate buyers in the execution procedure are protected first. In judicial practice, the buyer often adopts two ways to remedy the lawsuit of confirmation of rights or the lawsuit of objection to execution. Due to the inaccurate understanding and application of the legal nature and legal relationship of the lawsuit of confirmation of rights and the lawsuit of objection to execution, the buyer's right of expectation of real rights cannot be effectively protected. According to the study, the buyer can't claim the right to remedy through litigation of right confirmation or litigation of objection to execution, and clearly the nature of litigation of objection to execution is litigation of payment. The purpose of litigation of objection to execution is to determine whether to stop the enforcement of the subject matter, and the execution of the appeal ruling of objection will not lead to the change of the real right. The buyer can only finish the final change of the real right by filing another litigation of payment after the suspension of execution of the subject matter through litigation of objection to execution.