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Preliminary Property Changes In

Posted on:2002-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:J P ShenFull Text:PDF
GTID:2206360032952749Subject:Civil and Commercial Law
Abstract/Summary:
Now, China is in the course of legislation of property right .The change of property right is an important issue in the legislation What pattern We shall adopt is a most important and necessary problem , Which is faced by our legislators .We must show our position on whether our country Will adopt the theory of act of property right in German civil law .Comparing and analysing the legislation of the continental legal system ,The author studies the theory of act of property right from Roman Law and discusses the confliction ,independence and non ause of act of property right, and the relation ship between the cause of change of property rights and act of change of property rights .The author argues that the choice that Chinese legislation of property right should make to adhere to and consummate present credit form principle ,and to establish the principles of public note and trust ,and good will acquisition. The essay points out that the principle of distinction between the cauce of change of property rights and act of change of property right should not be recognized as one of the Principles of property legislation, and that We should give up the theory of act of Property right thoroughly.
Keywords/Search Tags:Change of property right, act of property right, non-cause of act of property right, the principle of distinction.
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