Research On The Right Of Expectance

The concept of the right of expectance occurs in the precedents and the theory of the transaction with proprietary retained in Germany, which is learned by the scholars in Taiwan province of China. In our country, the concept of the right of expectance just occurs in the research and discuss of scholars, but never used in actual business transaction. A new transaction form with proprietary retained which was regulated in the Contract Law of the People's Republic of China promulgated in 1999 caused a new discussion on the right of expectance. But there are very few articles made a systematic study on the right of expectance. This article concludes a new concept of the right of expectance and the important conditions, sets apart all kinds of so called "the right of expectance", and analyses the nature, transfer and protection of the right of expectance in the transaction with proprietary retained.In the chapter one I introduce the origination of the right of expectance and the general situation of the study on the right of expectance's development since 19 century. The chapter two is the core of this article. The emphasis of this chapter is on two question, the one is the concept of the right of expectance, the other is the important conditions. Based on the past discussed, I have concluded my concept of the right of expectance and four conditions. The most important condition of this concept is the fourth one, "The act in law, or fact in law has brought up a strong protection between the parties, which means a kind of the restriction in law." According to this, the article analyses all kinds of the situations so-called "the right of expectation".In the chapter three I make the analyses about the act in civil law with attached conditions for its termination. Because of the establishment of the act in civil law with attached conditions for its termination, there is a power outside of the meaning expression between the parties. The meaning of the parties will not effect until the conditions is fulfilled. Because of the existence of the power outside of the meaning expression, there is a restriction between the parties, which caused the the right of expectation of one of the party in the act in civil law with attached conditions for its termination. The emphasis of this chapter is the nature of the right of expectation in the transaction with proprietary retained. By the reason of the antagonism of the buyer's right of expectation, I believe the nature of the buyer's right of expectation in the transaction with proprietary retained is "having some nature of the title to property".In the chapter four my analyses is based on the division inheritance. I have divided the inheritance into the inheritance before the beginning of the inherit, the inheritance after the beginning of the inherit, the inheritance of the person who has special right on the inherit, the inheritance of the person who will succeed the inherit after the heir die.According to the concept and the four conditions of the right of expectation, I express my opinion about all kinds of the situations of the right of expectation that is mention by the other scholar in the chapter five.The last chapter is a conclusion of the whole article. In this chapter, I conclude the concept of "the right with added conditions". The right with added conditions is not the right of expectation absolutely. Only the right that has fulfilled the four conditions mentioned before, which we can call it the right of expectation.