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Legal Value Analysis On Dingliches Gesch(?)ft

Posted on:2007-06-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:H F GuoFull Text:PDF
GTID:1116360212959785Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The dingliches Gesch?ft has been disputed since Savigny expatiated on it in the book of"modern system of Roman law".The assentients consider it has the function of protecting business secure. The antis consider it is the theoretic suspect being divorced from factual life. Despite it was disputed, the theory of dingliches Gesch?ft also occupied a position in BGB and become the content of positive law. Along with the constitution of law of right in res, the study to the theory of dingliches Gesch?ft evolved gradually in our country since ninety age of twenty century. However, the level of study in our country didn't go beyond that time. The study emphases are still that the dingliches Gesch?ft exists really or not and the function of protecting business secure is substituted.Thereout, the author has questions below: how the theory of dingliches Gesch?ft was come into being? May we demonstrate it from value? If it is, how should we demonstrate? How can we look on the dispute existing?Following with the train of thought just like this, the thesis is divided to six chapters.Chapter 1, concepts interprets and the discuss frame of this essayThe concept is the foundation stone of legal system. If there were no specific concepts, the clear legal thought will be not existed. Therefore, the essay firstly ascertains the meanings of dingliches Gesch?ft, dinglicher Vertrag...
Keywords/Search Tags:Dingliches
PDF Full Text Request
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