关键词: 物权期待权; 预查封; 查封; 查封担保物权

Abstract: Referring to the expectant right system in German law， China has formulated Article 28 of Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Opposition and Reconsideration Cases by People's Courts. This article holds that when the buyer of real estate meets the requirements of this article， he enjoys the expectant right to obtain the ownership of the property. Expectant right is a current right with independent exchange value and should be affiliated to the property. The buyer， as a creditor， can attach this expectant right by the way of seizing the real estate. After the buyer obtains the ownership， the attachment of expectant right automatically turns into the attachment of the real estate， and the creditor enjoys the priority of compensation for the value change in the light of attachment. It is not permitted to take malicious disposal of the expectant right or even the ownership of property since the attachment. Therefore， the buyer is immune from the risk that the seller tears up the contract and trades the real estate with others. The claim interests as well as the priority of compensation of the buyer as a creditor are guaranteed.

Key words: expectant right; pre-attachment; attachment; real rights granted by way of security for attachment