Study On Civil Protection Of Expectant Right In China

Expectant right originated in Germany, jurists around the world never stopped their passion for researching the right since its emerging. Expectant right exerts its value and advantages successively and fully promotes the development of our laws. Chinese scholars have done a lot of researching work on the basis of absorbing the essence of German scholars, but the development of expectant right in our country did not have much of a breakthrough, what’s more, our legislative system for expectation right is also lagging behind.Although this concept of expectant right was born in Germany, but where there is no expressly provisions for expectant right. The research and discussion in academic circle have never stopped, but the research for the general theory of expectant rights still needs to further grasp. With the further development of economic and researching of legal, studying on civil rights increasingly detailed, at that time the research for academic and economic value of expectant right has become increasingly prominent, paying attention to expectant right fits this trend. I hope that the study on civil law protection of expectant right is able to promote the research for civil rights system in Chinese civil law academic circle, to inspire scholars’ enthusiasm for studying expectant right and to appeal scholars giving more attention and providing a good environment and atmosphere for the development of expectation right.This paper tries to focus on the following questions, including the historical origins and development of expectant right, the concept of expectant right, the nature, the value and method for expectant right protection, the current protection status for expectant right at home and abroad, summing up some of protection methods about expectations right in China, and putting forward my own views about how to improve these protection methods.This paper consists of an introduction, body and conclusion.At the part of introduction, it explains background, researching significance, researching ideas and researching methods, and conducted a brief description for the paper, making readers have a general understanding for the study.At the part of body, it was divided into four parts.The first part mainly studies on the general theory of expectant right. First, it describes the historical origins and development of expectant right. Second, it analysis of different scholars’ understanding about expectant right according to the concept, the nature and the types of expectant right as starting point. At the same time, I also propose my own views with the concept, the nature and types of expectant right. Expectant right is a kind of individual right which clearly distinguishes from the pure satisfaction to meet the requirements, and it is also a kind of new integrated property rights which is not completely developed opposing with vested right.The second part discusses the value of civil protection for expectant right. I deem that the civil law protection for expectant right constitutes the equal value, the fair value, the honest value and the value of prohibition of right abusing. Therefore, to improve the civil protection for expectant right has great significance. Second discusses the methods for civil law protection for expectant right. I describes the methods of civil law protection among civil right and comes out of the ways of civil law protection for expectant right, which includes two ways of protection methods, the first one is the material right protection for expectant right and the second one is creditor right protection for expectant right. At the same time these two ways of defection were analyzed separately by me.The three part, it firstly introduces the present situation of civil law protection for expectant right at home and abroad, with civil and common law about civil law protection for expectant right as the starting point of the study. With using of the method of comparison, civil and common law about civil law protection for expectant right is reviewed so that summing up the characteristics and differences of civil law protection for expectant right at home and abroad and the enlightenment for civil law protection for expectant right in China. Secondly, I elaborate on the current status of civil protection for expectant right, thus, the current situation of civil protection for expectant right in China is lack of systematic theoretical system, is absent of a comprehensive system of protection and a effective method for protection.The fourth part, it puts forward a sound way for promoting China’s civil law protection for expectant right. We can see from the first chapter and the second chapter of the study, China is lack of systematic theoretical system of expectant right, so I am opinion of that the most important issue which China is facing is to improve Chinese theoretical system of expectant right, laying the theoretical foundation for researching its protection. Secondly, from the third chapters to the fourth chapters, we are able to understand how to improve protection method of expectant right. I separately describes how to improve the method for protecting material right and creditors right of expectant right. From the defects of China’s civil law protection for expectant right in China, I come up with several ways to improve the protection of expectant right according to previous defects, they are proper handling the conflict between expectant right and guarantee right, properly copy with conflict in expectant right person and owner, the third person with goodwill acquires expectant right in a good intention, expanding the scope of the pre-registration, simplifying the starting conditions for subrogation right and revocation right, ensuring the issue of damages for expectant right. Through in-depth analysis, I hope that the problem is able to be solved and the research tasks are completed.Finally, at the part of conclusion, it mainly summarizes the whole paper and gives suggestion for future study, giving my little humble for the study of expectant right.