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On The Related Problems Of Bona Fide Chattel Acquisition System

Posted on:2010-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y N WuFull Text:PDF
GTID:2166360275451840Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The system of bona fide acquisition is an indispensable legal system in the developed commodity economy society,whose theoretical basis depends on the public trust of possession.The angle from legal economics analyses of the system of bona fide acquisition,the author thinks "in law,the accident responsibility should belong to the party who can avoid this accident with lowest cost but not such".Therefore the former obligee should bear this unfavorable legal consequence. Unauthorized act of disposition as the precondition of bona fide acquisition,business contract (creditor's rights behavior) between person having no right to punish and goodwill alienee is effective in the sort according with legal act,the goodwill of alienee effect in law.In the intangible delivery of bona fide acquisition,possession reformulation can not conduce bona fide acquisition,in the condition of indication delivery,the author thinks that transference notification of claim of restitutionthings arrive to direct possessor,set up bona fide acquisition.In the author's opinion, things without occupancy of possession is suitable for bona fide acquisition too,only to whose goodwill stipulates that being to testify a standard strictly more,and submit corresponding legislation modification suggestion on the basis.
Keywords/Search Tags:bona fide chattel acquisition system, public trust of possession, unauthorized disposition, intangible delivery, things without occupancy of possession
PDF Full Text Request
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