单词 | Expectancy |
释义 | 預期 An expectation or hope of benefiting by the receipt of property in the future, in a situation where there is no current entitlement to receive that property at a future date. An expectancy is not a property right. A person who is listed as a beneficiary under a will where the testator is still alive has an expectancy rather than a right to the property of the testator, as the property belongs to the testator until death, and no person has a right to property to be left by will until the death of the testator. At common law the assignment of such pure expectancy were void, for no one could assign what he had not received. But in equity any such assignment made for valuable consideration has always been treated as a contract to assign: Warmstrey v Tanfield (1628) 1 Rep Ch 29. See also Future interest; Property; Testator; Will. 凡現時無權在將來收取某項財產,則指預期或希望在將來收取該財產而受益。預期並非財產權利。如立遺囑人仍然在生,則根據遺囑列明為受益人的人就立遺囑人的財產而言,僅有預期而非享有權利,這是由於直至立遺囑人逝世為止,其財產仍屬於立遺囑人,此外,直至立遺囑人死亡為止,無人可藉其所立的遺囑而對其財產享有權利。普通法中,由於無人可轉讓其從未收取的財產,因此對此等純粹預期的轉讓無效。但衡平法一直視任何為有值代價而作出的轉讓契為轉讓合約:Warmstrey v Tanfield (1628) 1 Rep Ch 29。另見 Future interest; Property; Testator; Will。n. |
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