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The Study Of Expectant Right

Posted on:2011-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y HaoFull Text:PDF
GTID:2166360302968261Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The conception of expectant right was firstly used in Germany. Expectant right is a kind of right which contains a wish, that is to say, who has the right to get something. It is very different from a simple wish or an accomplished right. Expectant right contains three elements: a determinate wish, a part of a target right and an expectant interest which can be protected by law. Therefore, we may define expectant right the following way: on condition that an obligee has got parts of a target right, which is protected by law, then the wish of this obligee can be called expectant right. Because the character of each target right is different, it is difficult to make a definite decision for expectant right. Therefore we can only study this kind of right from a specific condition. Likewise, the existence of the expectant right must have some values, such as safety, interest and efficiency. These values are regarded as the ground and aim of expectant right. According to different kinds of target rights, the expectant right can be divided into three kinds, that is expectant right of property, expectant right of creditors' rights and expectant right of inheritance. In an expectant right of property, the expectant right of the buyer in the retention of title system is the most important one and is discussed most in many countries, in addition, its system is relatively mature. Except the expectant right of the buyer in the retention of title system, there are expectant right of acquisition prescription and the right of a finder. As to the expectant right of creditor's rights, it has two kinds, that is, the expectant right of the conditional and legal act and expectant right of the legal right which attached to the period. In the field of the expectant right of inheritance, there are three specific kinds of expectant right: the expectant interest of the heir before the start of succession, forced heirship system and the expectant right of the heir of succession in the second place. Among the three kinds, the first one is usually unacknowledged a real expectant right, but if we analyze it from the respect of the three elements of an expectant right, we can find that the expectant interest of the heir before the start of succession should be called expectant right. With the development of the society and the progress of the legal system, it is possible that there will be more kinds of expectant right in the future. Basically, after being designed by related legal system, all kinds of expectant right can be transferred freely, only in this way, can the legislation shows the value and pursuit of it. The transfer of expectant right of inheritance, especially the one of expectant interest of the heir before the start of succession has many characteristics: though the expectant right of inheritance cannot be transferred because of its attribute of personal rights, the interest which is contained in this right can be transferred. Besides, there are many transferring practices in the reality and it should be admitted by law. Nowadays, the legislation of expectant right in China goes backward; many specific systems are relatively simple. Therefore, we need to make an overall research on this subject and pay more attention to some systems of expectant right of property because of its complexity. Based on the theoretical researches and referring to the legal practices in our country, in order to make a deep development of our market economy, we should perfect the expectant right of all kinds in the background of the drawing up of the code of civil law.
Keywords/Search Tags:Expectant right of property, Expectant right of creditors' rights, Expectant right of inheritance
PDF Full Text Request
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