关键词: 期房, 案外人执行异议之诉, 权利裁判, 物权期待权

Abstract: The lawsuit against the objection to enforcement by third parties of pre-sale housing refers to a legal action initiated by a third party after their objection to the enforcement of pre-sale housing has been rejected. The key issue in this lawsuit is whether the third party has the right to exclude the ongoing enforcement of pre-sale housing. Currently, the legal rules regarding the rights of third parties to object to enforcement of pre-sale housing are still unclear at the legislative level and face numerous challenges in judicial practice. This article examines 91 judgments from the Supreme People's Court to analyze the standards, review process, and legal basis in judicial practice, providing a comprehensive assessment of the current state of judicial rulings. It identifies issues such as the unclear types of pre-sale housing rights, the misuse of property rights expectations and the instability of pre-sale housing rights priority rules, as sources of disputes among parties. Through in-depth reflection, it proposes improvement strategies aimed at providing recommendations to legislative bodies to enhance pre-sale housing enforcement rules and serve as a reference for judicial authorities in the adjudication of pre-sale housing rights, with the ultimate goal of providing stronger legal protection for pre-sale housing rights holders.

Key words: presale housing, objection to enforcement by third parties, adjudication of rights, property rights expectations