The Research On Classification Standard Of Expectant Right And Vested Right,And Types Of Expectant Right

The concept of expectant right created for the German doctrine.The German scholars has been focusing on expectant right from being created. But in our country, the expectant right is not fully realized as the study of expectant right started lately, in system. Our scholars haven’t reached a consensus, such as the criteria for classification of expectant right and vested right, the elements of the expectant right, the specific types of expecting rights. On the basis of present research this paper will try to research problems relating to expectant right in accordance with the right conception, the right classification standard of the expectant right and vested right,constitution and typical types, so that the expectant right will be integrated into the right system.This paper is divided into two parts, the introduction, four chapters.The introduction part mainly introduces the topic basis; historical origin of expectant right; the theory situation of expectant right at home and abroad; the main structure of this paper, the research ideas and innovations and inadequate point.The first chapter mainly discusses the problems on the existed classification standard of expectant right and vested right. This chapter is divided into two sections. The first section briefly introduce the classification of the expectant right and vested rightat home and abroad. The second section analyze existing problems of the standard.The second chapter is divided into two sections. The first section reviews the relevant theory, law fact and structure on the classification of the expectant right and vested right. The second build the new classification standards on the basis of the relationship of right, legal relationship, law fact and structure.The three chapter is divided into two sections. The first section introduce some typical theory on the expectant right concept and analyze them, and put forward my theory. The second conclude the four characters of expectant right concept.The four chapter mainly introduces the typical types of expecting right. This chapter is divided into two sections. The first section introduces the legal expectant right, which consists of three types statutory expectant right, which belongs to inheritance field, claims field and property area. The second section introduces the contract expectant right, including two types: the obligee’s expectant right before the term finishing in conditional contract, and obligee’s expectant right before the period being over. The first type consists of the buyer’s expectation right before the sale condition achievement and the beneficiary’s expectant right before the insurance accident occurring.