On The Acquisition Of Movable Property In Legal Act

As an important system in the civil law, the real right of chattel has extensive knowledge and profound scholarship. There is many differences between chattel and estate, such as the definition to the rights, the content of the public, the modes of acquisition and the terms of its performing. Thereinto, the real right of chattel has important practical significance as it is the basis of real right’s alteration theory, for this reason this paper focuses on expunged legal action of the real right of chattel., mainly includes the acquisition of the real right caused by non-juristic acts and the bona fide acquisition.On this occasion of expunged legal action, ownership of chattel as the rights of the most complete can apply in all scenarios, chattel pledge is appropriate for usucapio, inheritance, bona fide acquisition and in accordance with the law. Nevertheless, the most common acquisition of chattel mortgage and lien is in accordance with the law, and there are many different viewpoints and controversies about whether it is suitable for bona fide acquisition.This paper is composed of four chapters except the introduction and conclusion.Chapter one mainly discusses two aspects, the practical needs and legislative status quo of the real right of chattel’s acquisition. In this chapter there are some typical cases closely related, domestic and international legislation. Some problems and development space in our current law and regulations, including both in entity and in procedure, are pointed out. So our country can draw lessons from foreign legislationChapter two focus on definition of the real right of chattel in three points, when we draw a clear distinction between domestic and overseas chattel, special and general chattel, even in the different real right, we can better study the modes of acquisition.Chapter three is very important, which introduces and discusses the in detail the acquisition of the real right caused by non-juristic acts with plenty of classical theories and existing disputes. There are many summaries and analysis about concepts, problems, inscape of the real right caused by non-juristic acts.Chapter four mainly expounds the important and difficult points in bona fide acquisition with classified discussion of chattel mortgage, pledge and lien. Further instructions include relative theories and applicatory guidelines, e.g. whether is suitable for thief booty, conceptual delivery etc, sequentially collect and integrate the theory and practice in the real right of chattel.In the conclusion of this thesis, it is the review of the full paper and future prospect. Unlike universal degree papers, the last part of this paper isn’t the suggestions of judicature and legislation, because of the limitation of my understanding’s depth and breadth. Nevertheless there are judicial attitudes and consummate ways in each chapter and concrete problem.