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Property Rights Changes

Posted on:2001-04-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:H G XiaoFull Text:PDF
GTID:1116360065950284Subject:Civil law
Abstract/Summary:PDF Full Text Request
The thesis, composed of two main parts regarding contents, deals with property movement, namely positive movement and passive movement. The positive movement is the result that people seek in their favor. In the life world, most of time, people meet their physical needs mainly through this method. Therefore, positive movement takes a very important position in the property movement, making a significant sense for economic development. Yet passive movement takes place, devoid of people's intentions. Sometimes, it even goes against people's wish. Property movement relates to the production and transference of properties, so it has a close relationship with the security of transactions that is vital to national economy. Thus the law of property movement should take it into account, trying for a reliable legal measures for the security of transactions. For the sake, there are many conditions, of which the prerequisite is that transactions should take some form. Only by the form can people be well informed of certain property.In civil law system, positive movement consists of two modes - one is French law and the other German law. It is characteristic of French law not to demand any exterior things in the transactions of property which can be completed by mere ideas, whereas according to German law the completion is determined by two things named ideas and form. By comparison, German mode is ideal for safe transactions of property.
Keywords/Search Tags:property movement, security of transactions, French mode and German mode
PDF Full Text Request
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