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The System Creation About The Lost Article Claim For Compensation

Posted on:2011-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:C F LiuFull Text:PDF
GTID:2166360305464952Subject:Law
Abstract/Summary:
The first chapter introduces the basic cases. In this section, I briefly review the basic fact of the case and the decisions of the first,second trial court, then conclude the focus of the legal issues and further describe the reaction in the local.The second chapter analyzes the focus of the case. This chapter is divided into three sections. The first section is an overview of the lost article. Briefly introduced the definition of the lost article, Components and laws and regulations on reward request right of the lost article; And then the second section is about the effectiveness of the case agreement; The thesis analyzes the establishment and effectiveness of the agreement which the parties formed according to the conditions of the contract, according to regulations and the cases of foreign countries in the case of the agreement; The third section is whether finders can reward identified. By analyzing law and regulations and the legal effect of freedom of contract, it can draw a conclusion, that is, Wang in the case can get reward.The third chapter is the key part of the thesis. By referring to foreign legislation and ancient China legislation, I put forward legal proposal on creating the system of reward request right of the lost article in our country. This chapter is divided into three sections.The first section describes the problems facing the return of the lost article, the reality is that the return of the lost article is fewer and fewer, and then introduced the cause of the problem; The second section demonstrates the legal and moral basis of the rewards given to finders claim by legislation in ancient China and abroad,examples in real life and moral argument which gives the right to request paid; The third section can put forward legislative proposal of reward request right. In this section,the thesis tries to put forward the design and evaluation of the law in the reward request right by explaining the amount paid for the Keepers,restrictions of reward request right given Keepers and difficulty in reward request right.
Keywords/Search Tags:lost article, contract, reward request right
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