On Expecting Right

Due to the arising of the reservation of the merchandise in proprietary rights, the basic theoretical issues about expecting rights came to be the focus of German jurist. Although they had done some extensive and intensive research, several essential theoretical issues such as the conception, nature and characteristic of expecting rights still were in discussion. According to the basic theories of Jurisprudence and Science of Civil Law, the dissertation has come up with its own opinions about the conception, nature and characteristic of expecting rights through studying the basic theory of expecting theory being based on the achievements from many jurist; And it has analyzed the possibilities about that whether various kinds of legal statuses can form expecting rights; it has also seriously paid special attention to discussed the different legislative practices in different countries of the reservation of proprietary rights and the nature of vendee's expecting right in reservation of proprietary rights merchandise. The dissertation can be divided into five parts from the author's original ideas as followings:The first part of the dissertation is the introductory chapter of expecting rights, beginning with introducing the establishment background of expecting rights and the historical reforming about it since 19^th century, then giving its own conclusion about the conception and characteristic of expecting rights after analyzing the foregoing theories from many scholars.The second mainly expounds the legal nature of expecting rights which still remains a problem owing to disputing in jurisprudential circle. It mostly introduces the four doctrines about the legal nature of expecting rights from different scholars: the theory of forming right, ascribing right, special right and future rights, furthermore, it also again define the legal nature of expecting right through studying the above four theories.The third part just specially discusses the types of expecting rights. The first is the analysis of the types of expecting rights in forms, then the second is the discussion of the classification of specific types of expecting rights. After inducing many different opinions about that, the author concludes the definition of the types of expecting rights.The fourth part is the more specific and the more deep analysis of the third part about the types of the expecting rights. It contains eleven legal statuses and discusses again whether these legal statuses can form expecting rights. They are: 1.the legal status resulting from the conditioning civil legal act; 2.the legal status from terminable civil Legal act; 3.the legal status of creditor's right before expiring; 4.the legal status of the holder to effective period before the satisfied term ; 5. the legal status of the gainer of lost property; 6. the legal status of the successor before inheriting; 7.the legal status of the position successor; 8. the legal status of concessionaire after the alienation of right in rem of real estate is registered (set); 9.the legal status of prospective registered obligee; 10. the legal status of the buyers with precedence; 11. the legal status of beneficiaries of insurance before insurance accident.The fifth part discusses the expecting rights of vendees in the reservation of the merchandise in proprietary rights which is the deepest research among all expecting rights and has plenty of controversies, and so it is necessary to specially discuss it. First, it introduce the development of the reservation of the merchandise in proprietary rights and the legal practices in different countries, then defining the nature of vendee's expecting rights in the reservation of the merchandise in proprietary rights.