Property Law(美国财产法之未来利益)

Property Law（美国财产法）

Future Interests

A future interest is an estate that does not entitle the owner thereof to possession immediately but will or may give the owner possession in the future. Future interest is a present, legally protected right in property; it is not an expectancy.

未来利益

未来权益是指不会使其所有人立即拥有但将来会或可能给予其所有人占有的财产。未来权益是一项受法律保护的财产权利，而不是一种期望。

Ⅰ. Rever sionary Interests--- Future Interests in Transferor

1. Possibilities of Reverter and Rights of Entry

These future interests are discussed above in connection with the present estates to which they are attached.

未来可继承利益——转让人未来的利益

地产回复权和进入权的可能性

这些未来的利益在上面已经讨论过了，它们与现在的地产有关。

2. Reversions

A person owning an estate in real property can create and transfer lesser estate. The residue left in the grantor, which arises

by operation of law, is a reversion.

Reversions are transferable, devisable by will, and descendible by inheritance. The holder of a reversion may sue a possessory owner for waste and may recover against third-party for damages to the property.

2. 继承权

拥有不动产的人可以创设和转让较少的不动产。由法律操作而产生的让与人的剩余，是一种返还。

继承权是可转让的，可以遗嘱分割，也可以继承。复归权持有人可就使用不当起诉占有人，并可就财产损害向第三方追偿。

3. All Reversionary Interests Are "Vested"

Although a reversionary interest becomes possessory in the future, it is a vested interest, not a contingent interest, because both the owner and the event upon which it will become possessory are certain. This is true even if the reversionary interest is determinable or defeasible. Because it is a vested interest, a reversionary interest is not subject to the Rule Against Perpetuities.

3.所有未来可继承利益均是“既定的”

尽管未来继承利益将来会成为所有权，但它是既得利益，而不是或有利益，因为拥有者和将成为所有权的事件都是确定的。即使归还权益是可确定的或可废止的，这也是事实。由于归还权益是既得利益，因此不受永久性规则约束。

Ⅱ. Remainders

A remainder is a future interest created in a transferee that is capable of taking in present possession and enjoyment upon the natural termination of the preceding estates created in the same disposition. Unlike a reversion, which arises by the operation of law from the fact that the transferor has not made a complete disposition of his interest, a remainder must be expressly created in the instrument creating the intermediate possessory estate.

剩余财产继承权

剩余财产继承权是在受让人身上产生的未来权益，此权益是能够在相同处置权创建的前一财产权自然终止时获得当前占有和享受。与法律操作中因转让人未完全处分其利益而产生的继承权不同，剩余财产继承权必须在已创设的占有财产文书中被明确创建。

Ⅲ. Executory Interests

Here is a good shorthand rule for classifying executory interests. Remember that there are woe and only two future interests that can be created in a transferee: remainders and executory interests.If it is not a remainder because the preceding estate is not a life estate, then it must be an executory interest. Thus, an executory interest is any future interest in a transferee that does not have the characteristics of a remainder, i. e. , it is not capable of taking on the natural termination of the preceding life