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Understand And Critique The Constitutive Requirements Of The Good-faith Acquisition System

Posted on:2011-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:G H HuangFull Text:PDF
GTID:2166360305956981Subject:Economic Law
Abstract/Summary:PDF Full Text Request
It has been two years so far since China's Property Law promulgated and how many people have been protect by this law, we don't know. It goes without saying that the Good-faith Acquisition system of P.R.C has play a important role in settling disputes over the ownership of objects and protecting the transaction security. China is in the period of transition to a Market Economy, it will protect the traders who have good faith in the deals if the Good-faith Acquisition system of P.R.C will protect the immovable properties. Meanwhile, it will promote the development of the Socialist Market Economy. I think there is room for perfecting the Good-faith Acquisition system of P.R.C in my learning process, so i will make a analysis to the Constitutional Elements of Good-faith Acquisition.Framework of this paper is as follows:The first chapter makes the analysis of the legislative basis for the Good-faith Acquisition system of P.R.C. There are three basis:Value-based, Social-based, Law-based. I think the Good-faith Acquisition system is build not only for protecting the transaction security but also for the reason that the civil law choose to protect the traders of good faith in deals. Meanwhile I made an analysis of the Good-faith Acquisition system of P.R.C.Chapter two focuses on the parties and objectes in the Good-faith Acquisition system.Chapter three makes the analysis on the transactions between the sellers who have no rights and the buyers who have good faith in deals.The Forth Chapter mainly discusses the Good-faith of the buyers. The Good-faith needs to be determined. So I make an analysis of the Good-faith from objective and subjective.Chapter Five disscusses the reason that buyers with good faith completed the publication method of property is one of the constitutional elements of Good-faith Acquisition.
Keywords/Search Tags:Good-faith Acquisition Public, Reliance on Registration, Unauthorized Disposition, The Principle of Pairness
PDF Full Text Request
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