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Researches On System Of The Engage Right In Rem For Security

Posted on:2011-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:C L LiFull Text:PDF
GTID:2166360305480198Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Intended to make a fully explanation of the practical history in engage right in rem for security both in domestic and abroad and then figure out the deficiency in the system of the engage right in rem for security throughout modern china,by the exchange in it's category and the theoretical basis of engage right in rem for security ,together with the legislation concerning engage right in rem for security in relevant international organizations,as well as put forward some suggestions for improving engage right in rem for security. In this paper, the system o fengage right in rem for security is chosen as the point.This paper consists of six parts, the first of which is an introduction,mainly to introduce the background,the purpose,the domestic and abroad ongoing of this direction as well as the innovation of this article. The second part focuses on investigating the system of the engage right in rem for security both in Civil Law and Common Law before 20th century. Then chapter three would summary the process of non-typical right in rem's development through points of the specific breakthroughs in the subject matter,subordination and the legislation of right in rem etc.In order to make the readers get a fully understanding of the following contents, chapter four will introduce the latest trends of the concept unitary concept right in rem of right in rem for security in America,France and some relevant international organizations. Chapter VI mainly analysis the deficiency of the system of engage right in rem in current laws,including the restriction within movable property in Movable floating charge system,thus decreasing the function of the floating charge system,and leaving the problem of the coordination between Right Pledge and Mortgage Rights and the security interest in the integrity of system being influenced by the conflicts between perfection and effectiveness unsettled。In the end, chapter six will propose some recommendations to improve the system of engage right in rem through establishing the concept of unitary concept and the relevant systems.
Keywords/Search Tags:Right in rem, Security regime, Unitary concept, Perfection, Effectiveness
PDF Full Text Request
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