| 单词 | Future interest |
| 释义 | 未來權益 A property right that has vested in the holder of the right, but that does not enable the holder to have the possession and use of the property. Future interests are those interests created by the owner of land where he seeks to create successive estates or interests in his land, thereby being able to decide who would have rights in it far into the future. The two forms of future interest created by grant at common law were the reversion and the remainder. Where the same type of interest was created in equity or by devise at common law, it was referred to as an executory interest. Further, future interest is classified as either being vested (when there is a present fixed right of future enjoyment) or contingent (when a right of enjoyment is to accrue on an event which is dubious and uncertain): Halsbury’s Laws of Hong Kong, Vol 16, Land [230.0060]; [230.0061]; [230.0067]. An estate can be vested in possession or vested in interest, but the holder of future interest is said to be vested in interest and not in possession: Walsh Bay Developments Pty Ltd & Anor v FCT (1995) 130 ALR 415. See also Contingent interest; Estate; Expectancy; Executory interest; Remainder; Reversion; Vest; Vested in possession. 已歸屬於權利持有人的財產權利，但不會賦予持有人取得財產管有及使用財產的權利。如土地擁有人尋求在其土地上設定繼承產業權或繼承權益，並據此可決定在長遠的將來可擁有該權利的人，則會訂立未來權益。在普通法下，由批予設定的兩類未來權益包括復歸權益及剩餘權益。凡在衡平法或普通法的不動產遺贈設定同一類別的權益，則稱為未來有效的權益。此外，未來權益可分為歸屬的未來權益（有現行固定的未來享有權權利）或是或有的未來權益（享有權利僅因應不確定的事件產生）：Halsbury’s Laws of Hong Kong, 第16冊，土地，第[230.0060];[230.0061]及[230.0067]段。可賦予產業權管有權或權益，但未來權益持有人則被視為獲賦予權益而非管有權：Walsh Bay Developments Pty Ltd & Anor v FCT (1995) 130 ALR 415。另見 Contingent interest; Estate; Expectancy; Executory interest; Remainder; Reversion; Vest; Vested in possession。 |
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