Research On The Expectancy Right Of Property

The application of the right to expectation of property rights in Chinese judicial practice is very frequent.However,due to the lack of corresponding theoretical guidance,the court has encountered many problems in the process of application,such as the concept,constituent elements,content and confrontation of the right to property right.Not the same.In the academic world,the research on the right to expect is relatively mature.The right to expect of property as the subordinate concept of expectation right can draw on the theoretical research results of the expectation right to summarize the concept of the right to expect.The right to expect is to protect the expected interests of the right holders.This is the fundamental difference between the right to property and other rights.The different understanding of the content of the right to property rights will lead the court to confuse the right to expect with other rights.The right to expect of property rights is on the way to the acquisition of property rights.Therefore,the constituent elements of the right to property rights are affected by the requirements of changes in property rights.Therefore,under different modes of property rights change,the elements of the right to property rights are different.Judging from the judicial practice in our country,according to whether there is a clear legal stipulation,the right to expect property can be divided into two types: the right to buy the right of the person and the right to the right of the non-buy.The former can extract the property right from the judicial interpretation.The constituent elements of the expectation right,the latter can only summarize the constituent elements of the right to expect of property based on the theory of property rights change and the nature of basic legal acts.In practice,the right to property right can only be raised in the execution of the opposition procedure,and the purpose of protecting the interests of the right holder is achieved by suspending the execution procedure.Therefore,in this sense,the right to property expectation is a procedural right.