The Research Of Expectant Right

Based on the background of Private law system of rights, it makes a more systematic and comprehensive analysis on the basis of the expectant rights from the perspective of the inevitable combination of the right and the expectant right. As a result of that, this paper brings it into the private system. Looking forward to the multi-dimensional interpretation on the concept of the expectant right, it is the legal status or qualification that the righter who obtains some part of the right’s constituent elements, having the nature of property, its stability and certainty to the legal recognition and protection, and based on this, looking to get the full right.It analyses out values of the expectant right and also builds the theoretical general framework form the perspective of jurisprudence, law and economics and sociology of law looking for efficiency and human rights considerations. Base on this, the paper thinks that the expectant right has the benefits value, free value, order value and security value in building up the basis theoretical system. Breaking through the traditional dualism Continental Law and creditor rights system, this paper analyses expected nature of the right of the jurisprudence, defines it as a comprehensive property right with some character traditional civil rights, not property nor claims. On this basis, researching on the type of the expectant right which thinks there are two types of it, one is the status born with civil legal action and the two is transferee’s legal status of the real estate pre-registration. The expectant right has the three effectiveness, such as disposition effectiveness; withstand effectiveness; the effectiveness of security. And then based on its property, it could be on transaction object, can be transferred, pledged and inherited, can be exercised against the illegal removal of obstacles against claims and damages claims. The expectant right can be acquiesced by the partier’s agreement or by the law and also apply to good faith acquisition. Transfer function of the right plays a practical value of the expected demands, expected to be the consent of the subject matter of the right to transfer the original owner’s consent, but the effect does not occur on the transfer of impact. Expectant right eliminates for the elimination of basic legal relationship, and elimination of the subject matter of the ownership, Re-transfer, accretion and other reasons. The great economic interest is the root of its legal recognition and protection. We need to make comprehensive use of property and creditor protection methods to protect it against the tort from the subject matter for the owner or a third person through the removal of obstacles based on possession claims entitled to damages and the right to claim for restitution of unjust enrichment to be circumspect protection.Expectant right system had already built as the general shape within the law framework but still can not effectively meet the practical needs especially the rapid development of the economics has brought great challenges and impact through the observation of the legislation, combined with conclusion of the research on the type of the expectant right. Based on those, it makes the choice on the concept and the model of legislation, and makes it play a role on promoting the doctrine of precedent and strengthen the practice of judicial interpretation in the specific technical functions during operation and finally decentralized legislation into the private system. It points out that the nature of the problem is the orientation issues, and gives some thinking on recognition and regulation of transmutation, determines the scope of compensation and other aspects of the right. It must make some measures to acknowledge and normalize the transformation and follow the principle of immediate compensation, gives the claim for damages to the owner and righter of expectant. In the scope of compensation, not only to consider the real interests of the economic, value of the future should also be taken into account.