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Expecting Right Research

Posted on:2007-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:X W FanFull Text:PDF
GTID:2166360185465480Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Refers to the right to expect to achieve some specific rights enjoyed by the main elements, with some interest and certainty, and in conformity with the socio-economic perspective and the object could be a legally protected trade status (free). Shall have a right to expect "to the parties, their legal status is a certain interest", "The legal status of a certain certainty", "has made some of the elements right," "look forward to a legally protected status" four elements.The right to expect the nature of their future can be achieved integrity rights. Expect to achieve through the claims should be classified as relatively rights; Conversely, if the right to acquire for the purpose, has the absolute right to nature. Therefore, in general it is difficult to characterize the nature of the right to expect, only specific to a particular right to expect its character discussion. But as a group of rights groups expect to have the following three characteristics : (1) the right to expect integrity and the right relative is a incomplete; (2) acquired the right to expect the right relative is still in a development rights; (3) the right to expect is a combination of dynamic and static dimensions of the right.In the anticipation power this right family, attaches delays the legal status, in reservation of title business which the condition the legal act produces buyer the status, the effectiveness for a period of time to obtain the holder to expire the before legal status after the effectiveness for a period of time, loses the thing to ascend human's legal status, the position successor's status constitution anticipation power. The legal status which before but attaches the reclusive clause the civil legal act, attaches the deadline the civil legal act, the shoe departure date not yet to the creditor's rights, the successor in inherits starts to produce does not constitute the anticipation power.Regarding retains the customer to anticipate the power the protection, divides into two kind of situations, one is betrays the human to remise again sign other people or damages, when the reduced sign value to anticipated the power the protection, two is the third person temporarily violates the anticipation to anticipate the power the protection. In the reality of laws, anticipated the power besides may resist the third person, also may resist owner under the certain condition. In the creditor's rights law, anticipated the power receives the abuse of authority law and not when profits the law protection.
Keywords/Search Tags:Expecting right, Right with conditions, Title retention
PDF Full Text Request
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