Font Size: a A A

The Legislative Selection Of The Patterns Of Our Country

Posted on:2012-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:C C ZhaoFull Text:PDF
GTID:2166330335459454Subject:Law
Abstract/Summary:PDF Full Text Request
Since July 2007, "Property Law" promulgated since has been nearly four years. Of "property law" is a legislator, summing up the past experience of legal practice, drawing on the relevant legislation of the countries in the world legal system related to the essence of the place, combined with our unique system of legal traditions and political well-organized out of a suitable conditions of good laws. Largely offset in the blank before the legislation, but also solve the "Property Law" before the enactment of the small sector on the property changes between France and the mode of the contradictions and confusion, not only to the parties how to play a legal guidelines role, but also to Was related to the judiciary in dealing with judicial practice has a clear legal basis, but also reduces the transaction costs and judicial costs. However, the study "property law" established by the property changes in the model, we can know the specific transfer of movable property when the legal effect of a change in legislation is not clear, while the rural land contract and management right in the Ho transfer occurs when the effect is also very vague. Present, because of inadequate legal theory and judicial practice, rarely, the problem has not been highlighted, but as the future economic development, popularization of motor vehicles and ships with more and more become the subject of the transaction, when the transactions become more frequent, Legal practice is more abundant, the problem will gradually emerge, if not give resolved, the final will induce a series of related issues.This addition to the introduction and conclusion, the total is divided into five parts. The first part of the traditional legislative model property changes, the specific Property Act introduced the basic theory and drawbacks, and how to improve their shortcomings. The second part introduces the theory of property rights under the existence of different patterns of change, and briefly describes what kind of national legislation adopted by the mode and cause of change, while also changes in patterns of property taken to interpret, respectively, Analysis of China "Property Law" model for changes of property rights in general provisions and special provisions. The third part is the specific analysis of the changes in the property taken and the reasons for dual mode profound significance, and on the dual model in the future direction of our country also made a simple prediction. The fourth part is an example of the property changes of the dual mode of what defects exist and to why the existence of contradictions and conflicts resolved on the necessity and urgency are to be examined. Part V of changes to our special requirements on the property to reflect how well, and clearly should improve real estate registration system will be a special movable. The estate of, but also draws on the practice of comparative law, and to verify that national legislation should be how the other patients transplanted at the essence of the use of the judicial practice in China.This paper adopts a case study, comparative analysis, literature research and other methods, changes in patterns of property rights issues related to the analysis, pointed out the changes in our existing property rights existing in the special provisions unreasonable, and how to improve their I put forward their own proposals and ideas.
Keywords/Search Tags:The Legislative Selection Of The Patterns Of, Real Estate Securitization, The Forespeak Register Regulation Of Real Estate, Registration Of Caution, Legal Mortgage
PDF Full Text Request
Related items