Research On The Protection Of The Expectant Right Of The Conditional Legal Action

Conditional legal action is the legal action, which will be (or not) legally effective on the occurrence (or non-occurrence) of an uncertain future event. While the national "General Principles of Civil Law" and "Contract Law" have provided relevant regulations about conditional legal action, they are too general to meet the needs raised by people in the modern society. In addition, law researchers in our country have been focusing on the study of conditional legal action under the framework of legal action theory, ignoring the investigation of expectant right under conditional legal action. Based on the insight into conditional legal action regulation, this paper introduced protection problem of expectant right in a way far from the traditional mode of thinking, and put forward initiatives aimed at establishing a complete regulation of conditional legal action.The first chapter of the thesis introduced the related works about the conditional legal action regulation, concentrated on clarifying the key concept "conditional", and presented the most important feature of conditional legal action, i.e., the formation of an uncertain state. Then discussed the benefit protection problem at such uncertain state, i.e., theoretical problem about expectant right. As studies on expectant right are just in its infant in our country, there is lots of heated controversy in theory. The first chapter also discussed the concept and characteristic of expectant right, which is the primary problem needed to be explicitly addressed in the study of expectant right in conditional legal action. The second chapter described the theory of conditional legal action from the perspective of "Autonomy of Private Law", and collectively clarified the merits of the protection of expectant right. The second chapter also analyzed the regulation of conditional legal action that is presented in the national "Civil Law", and indicated what is needed for further improvement. This third chapter is the main results of the thesis, discoursing the protection of expectant right in two folds:i) the way of protecting expectant right, and ii) damage reparation issues in the expectant right.