关键词: 物权期待权; 抵押权; 《民法典》; 预告登记

Abstract: In civil contract disputes， judicial judgment generally confirms the priority of housing consumers' expectant right， but there are differences in the recognition of the priority of real estate buyers' expectant right and mortgage. In addition to the judicial interpretation related to the direct application of the execution procedure， the reasons supporting the priority of the expectant right also include the theory of the right to subsistence， the theory of factual real rights， the theory of tort， the theory of ownership disputes， and etc. The reasons for the priority of mortgage include the principle of the priority of real rights over creditors' rights， the theory of unexplainable performance， the theory of inapplicability of the provisions of execution， and etc. The expectant right has spilled over from enforcement laws to civil substantive trials， and evolved from the priority of creditors' rights to the priority of real rights. However， the conclusion is difficult to be proved by various judicial ideas. The expectant right violates the rules of real right laws， impinges on the principle of demonstration of real rights and it is difficult to determine the right sequence， so it should be abandoned. Based on the particularity of the pre-sale commercial housing system， it is in line with the standard intention and the practice of judgment to give housing consumers special priority protection， and the application of the notice registration system will fill the vacancy of the substantive law of the protection of real estate buyers' rights and interests.

Key words: expectant right; mortgage; Civil Code; advance notice registration