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Opinions On Good Faith Obtain

Posted on:2006-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:L H LaiFull Text:PDF
GTID:2166360182961455Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of the market economy in our country, the establishment of real right law have become inevitable. Good faith obtain is an important system in real right law whose aim is to guarantee trade safety, and it should be referred to in the future real right law. However, the research of some difficulty problems about good faith obtain system is not enough to go deep into in the academic circles, which contain the theory foundation about good faith obtain, the meaning about person with disability on Ius disponendi, the problem on good faith obtain about things without occupancy and the nature of redeemable rights on the person with original ownership, whether real security rights can apply good faith obtain or not, the standard of judgment on good faith and how to allot burden proof, and the similarity and difference on the function of guarantee the safety of trade about good faith obtain and the real right behavior, etc. Therefore, this text draws up in these aspects, the economic analytical and comparative method of usage carries on the study. This thesis gets conclusions: The bargain order and efficiency of the market economy, the principle of public nature and public trust of real right law , and equity principle of the civil law are the theory foundations about good faith obtain. Persons with disability on Ius disponendi arelimited by persons without ownership on the thing. In principle, things without occupancy can not apply to good faith obtain except special circumstances. The nature of redeemable rights on the person with original ownership is the claim of obligatory rights. Real securities rights can apply to good faith obtain. The standard of judgment on good faith should be insisted the objective standard and the acceptor should be deemed malice, but the case that civic rights get involved should deem the acceptor with good faith. Good faith obtain and real right behavior is the real right law systems to protect the benefits on third party. Both have the same function, but are technical outcomes of different lawmaking technique. Each plays a role in different realm well and it can't act for mutually each other. Each is fixed to the reasonable position.
Keywords/Search Tags:Good Faith Obtain, Trade Safety, Third Party, Good Faith, Real Right Behavior
PDF Full Text Request
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