期待权若干问题研究（Research on the right of anticipation）.docVIP

期待权若干问题研究（Research on the right of anticipation） The right to expect is the part of the party who has the right to take part in the acquisition of the right The legitimate right to enjoy the reasonable expectation of interest protected by law; the right of anticipation can be obtained in the right of property, creditors right, etc. The establishment of the right; the specific right of expectation is very similar to the nature of the rights acquired in the future; D Keywords, expectation right, expectation status, concrete expectation right Introduction The term right of expectation was created by German scholars by theory and jurisprudence, but did not adopt D German civil law for civil code The first draft of the original provisions of the right to expect, 132nd: conditional rights and conditional obligations: Subject to the provisions of an unconditional or non - conditional obligation. But the German civil law made second The sub Commission said: the conditional expectation of an indeterminate period constitutes a property value and other property. There is no doubt that the matter should be transferred to the successor, and it is not necessary to make it ad hoc in this regard. On the basis of such recognition General, the commission ordered the deletion, the German civil code at the end of a word without expecting right. The current civil law in Taiwan has no definite provisions on the right of expectation, but the cases and theories are accepted The existence of expectant right. In 1963 to develop the secured transactions law provisions of conditional sale system. Degree. Among them, the legal status of the buyer before acquiring the property ownership in the conditional sale is among the scholars Heated debate, most scholars think it is typical of the right to expect. Many scholars have taken this discussion as a turning point From the angle of view to the right of expectation, the study of the right of expectation will be pushed to a climax. The general princ