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On The Problem Of Bona Fide Acquisition

Posted on:2015-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:J HuaFull Text:PDF
GTID:2176330431470387Subject:Law
Abstract/Summary:PDF Full Text Request
Bona Fide Acquisition is an important system in civil law, Civil law in most countries of the world have been prescribed them. From the value perspective, bona fide acquisition system is not only able to protect the ownership of property owners, but also be able to transfer ownership of the transaction process to define Bona fide acquisition system for the protection of dynamic transactions, security, stability, property relations and the promotion of social development of the commodity economy has a unique value. About goodwill protection system has been embedded in the relevant provisions of the "Property Law" in, but specific details about the object from the bona fide acquisition is still worthy of our study and research.From the broad sense, comprising from Thieveries, lost property and other special property, which has a special property, with the same general merchandise value and use value, but the right to a certain extent restricted, but whether you can use these special properties bona fide acquisition, academic theories, and our law there are certain provisions on conflict, judicial practice is uneven. Thus from the matter in good faith to obtain the issue has been a topic of concern, one theory, whether legal or judicial practice from the perspective has important significance.This paper studies three aspects of the problem from the matter in good faith to obtain:First, from the matter in good faith to obtain an overview of the system. Includes a brief overview of the theoretical basis of material from the general theory acquired in good faith and goodwill from the material obtained.Second, different provisions on domestic and foreign matter from the acquired in good faith and inspiration derived therefore by the method of analysis of comparative research.Third, through in-depth analysis of the problems in the law, make recommendations to improve our system from material acquired in good faith in order to better guide the theory and judicial practice.
Keywords/Search Tags:from things, Bona Fide Acquisition, Lost, thief booty
PDF Full Text Request
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