Research In The Expectant Right In Civil Laws

This thesis studies the general theory of expectant right, which was established by legal precedent and theory in Germany. It has been a focus of research and controversy since the very beginning, especially among German scholars. With the rapid development of China’s politics and economy in recent years, more and more research on expectant right has been done in the field of civil law and the study of this issue becomes increasingly important.This thesis first introduces the meaning, nature and features of expectant right and compares related conception of three pairs—expectant right vs. simple expectant right,expectant right vs. established right, and expectant right vs. right of formation.Secondly, in order to clarify the typification of expectant right, the thesis elaborates different views of both German and Chinese scholars concerning it, as there have been various opinions about this issue. Six basic types of expectant right are specifically classified and elaborated, including the expectant right of the buyer in the deal of retained ownership, the expectant right of the lost property keeper, the expectant right of the successor, the expectant right of the representative heir, the expectant right generated by conditional civil juristic acts, and the expectant right generated by civil juristic acts with term. In addition, the status quo of the legislation of the expectant right is explored from two perspectives—the Anglo-American Law System and the Continental Law System. On the basis of this, relevant legislative proposals are put forward to perfect the legislation of the expectant right in China.The expectant right in civil law is discussed at length in this thesis for the reason that it has long been neglected in China, and the in-depth analysis is expected to provide new insights into the study of expectant right.