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On Registration System Of Advance Notice Of Jus Rerem

Posted on:2009-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:C X LinFull Text:PDF
GTID:2166360272990533Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the publication of jus rerem, registration system of advance notice, a registration system for right in rem,is formally established in jus rerem. However, there are still many problems to solve on how to bring positive results in china.The first chapter introduces registration system of advance notice; and by tracing the origin of it, we know more about its concept and vulue in jus rerem of china. The second chapter is a general review on related contents of the system, such as its character, scope of application, constitutive requirements and validity. By analyzing two ideas about its character, the author makes a conclusion that the system is to make jus in personam have the character of Rihgt in rem. About its scope of application, by comparing the difference between countries, like Germany's, Swiss' and Japen's, ect, the author holds that claim right of protecting sequence of right in rem shoula be included in the scope of the system. As to its validity, there are two kinds of theory, that is ,three-validity theory, four-validity theory. Howere, the author thinks that the validity of the system should be defined, and whether three-validity theory or four-validity theory, should be defined according to china's actual conditions and be helpful to its enforcement. The third chapter is about the author's some ideal on perfecting the system of china, based on analyzing its problems and imperfection, especially in Net Era.Now we are in Net Era, the statement of tens of words in jus rerem is not enough for the completeness of the system, which leaves problems when enforcing the system. Accordingly how to apply the system properly and how to perfect it to realize its value in Net Era arouses the author's research.
Keywords/Search Tags:registration of advance notice, imperfection and perfection, ideas for enforcement
PDF Full Text Request
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