The Research On Expectant Right

The legal specialists'argument about expectant right lasted very long time from the beginning of the right,nevertheless, the conclusion on this issue still kept the state of suspension. Few issues like expectant right is so in-depth and detailed discussion in legal area. The theories and judicial precedents of this right were so voluminous that nobody could have all knowledge on it. Where is the difference between the expectant right and the normal right anticipated? And is it possible expectant right out of impact of the right anticipated with regard to independent definition? The legal experts needed to shed further light on these issues.Chapterâ… interpreted the birth of expectant right and the theories of Germany & Chinese legal domain with regard to the right. By analyzing and commenting a variety of the theories, the writer came to a conclusion that only two prevalent theories on expectant right, one held the point of view that the expectant right is a right, not a status provided by law, the difference between the expectant right and the right in law is the expectant right lack in necessary legal portion. Another viewpoint held that expectant right is not a right ,is a status with the antecedent effect provided by law.Chapterâ…¡presents the writer's analysis on the prevalent concepts of the expectant right. In this chapter, the writer interpreted the contradiction between the definition of expectant right and the system of civil law, because the area of specification by civil law is generally taken as only existence in the relations containing right and obligation, the challenge will rise in the event of the civil law adjusting the relations caused by expectant right, which is not regarded as a right. If the experts in the science of law considered the expectant right as a right in normal meaning, the four reasons supported this point were not sufficient.Chapterâ…¢told us about the theories on style of the expectant right. After the introduction and the analysis with regard of the theories on the expectant right, the writer came to a conclusion that the heir's status,the status of Usucapio people, and the status of applicant that after the two parties have been reached an agreement on transfer of the real estate, in the same time, the party of applicant made an application. Herein, the writer held the point that the expectant right only exists the domain of legal act.Chapterâ…£named as the investigation of the expectant right, in this chapter, the writer analyzed the essence of the expectant right, and the difference between expectant and the right anticipated. In theory, the expectant right satisfies the essential requirements as a right in normal meaning and accompanies with independent function of a right. There is no disparity with other rights, and it's a real right, not statuses of parties in legal relations,more than a right lack in necessary portion, which is incompatible with the logic rule. Expectant right only exists the domain of legal act. The effect of expectant right performs in the respect of maintaining legal relations among two parties.