The plan of the stock interest in expectancy amp; amp; the business inspiring mechanism for hi - tech startup enterprise
2.
It then probes into the possibility of mental compensation and limitation of the compensation of the interest in expectancy by expected rules
3.
Due to the fact that no actual breach of contract exists in anticipatory breach of contract , the scope of compensation should not exceed the interest in expectancy
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Two other issues are also discussed in this part : whether the compensation of trust interest is limited to the interest in expectancy and whether mental compensation can be requested
5.
The author thus argues that whether it is the express breach in the institution of anticipatory breach of contract or the implied and constructed breach of contract applied in the institution of the right to plea of unease , its concrete scope of compensation should be confined to the interest in expectancy and losses avoidable due to the cancellation in advance should be deducted
6.
Since the institution of actual breach of contract is aimed at reaching the performed situation , the scope of compensation should be the interest in expectancy , namely , the losses of the interest attainable by expected rules and sometimes the losses of necessary maintaining interest
7.
This article consists of five parts as following : mortgage of uncompleted building was originated from the common law and the law of hong kong , so the paper probes into its meaning - the transformation of the specific property right ; when the debtor fails to perform his duty , the creditor can obtain the title determinately ; the debtor enjoys the right of redeeming the collateral security through fulfilling his debt , the creditor has the obligation of returning the property at the same time . secondly , the author summaries its essential feature on the practice of the real estate mortgage hi the mainland of china - the target of the mortgage is a kind of expective interest ; the mortgage is a kind of guarantee which is settled through making over the interests in expectancy ; the risk of the mortgaged uncompleted building should be borne by the realty company instead of the mortgagor ; the phase of the mortgage ; mortgage is realized in a particular way . thirdly , on the basis of analyzing the legal nexus that is involved , the paper points out that the legal ne xus of the mortgage is just between the mortgagor and the mortgagee
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