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On Typology And Protection Of Expecting Rights

Posted on:2020-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:M GuoFull Text:PDF
GTID:2416330572978526Subject:Civil and Commercial Law
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The right to expect is an integral part of the system of civil rights,which is an expectation of the complete rights to be acquired in the future and is protected by the law by some elements of the complete rights to be acquired in the future,And a civil right that has a legal status of a right.This thesis is a study of the basic concepts,nature,characteristics and types of the right to expect and how to protect the interests of the right holders and establish relevant legislation to protect them.The right to hope was created in German jurisprudence and various doctrines.Since its emergence,it has immediately become the object of study by German legal scholars.In recent years,with the prosperity and development of China's economy,politics,culture and other aspects,there have been more and more contents related to the right to expect,and Chinese scholars have also begun to study and discuss the relevant contents of the right to expect.In particular,the classification and protection of the type of rights to be expected.The law circles in our country do not pay enough attention to the right to expect,but only have some relevant content concerning the right to expect in the individual laws.Little can be actually applied in real life.How to protect the right of hope after it is violated is also a real problem which we need to solve urgently.The research on the typology and protection of the expectation right is of great significance to promote the research of the basic theory system of the expectation right,and to continuously study all aspects of the expectation right.This paper starts with the basic theory of the type of expectancy right,analyzes the concept,nature and characteristics of expectancy right,and compares expectation right with acquired right.It is possible to understand more clearly the similarities and differences between the two rights,and to understand more intuitively the right to expect.To discuss the various views on the typology of expectation right,and to expound his views on the basis of the classification of expectation right type.This article mainly discussesseveral specific types of rights to be expected: conditional,expected rights arising from civil legal acts with time limits,buyer's expected rights in the retention of title,expectation rights before the beginning of inheritance in the inheritance system,and expectation rights of the successor.Some opinions and suggestions are put forward on how to protect the rights holder's interests and establish relevant legislation.It is hoped that it can clarify the basic context of the basic theory and typology of the expectation right,and then it will be helpful for the theoretical circle to discuss the typology of expectation right in more depth.
Keywords/Search Tags:exceptation, right of expectation, Protection of expectation right
PDF Full Text Request
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