The right of expectation originates in German civil law and is quite popular in the civil law theory and practice of China.However,the process of demonstrating the transformation from expectation to the right of expectation not only is unprecise but also has obvious defects of circular argumentation.The right of expectation is superfluous at the normative level and causes systemic disharmony and other derived academic misunderstandings.The correct positioning of the expectant right should be a descrip-tive concept,rather than a normative one,and it should play a limited role in descriptive and inductive functions.In this sense,the right of expectation is the general reference to a specific(highly certain)guaranteed legal status.There is no need for Chinese civil law to continue to rely on the German theory of the right of expectation or to build a system of the right of expectation.Instead,China should pay at-tention to the risk of the application of the right of expectation at the methodology level.
right of expectationnormative conceptdescriptive conceptretention of titlebuyer of real estate
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