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Movable Property Delivered

Posted on:2005-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:G Z FengFull Text:PDF
GTID:2206360125967658Subject:Law
Abstract/Summary:PDF Full Text Request
With the main function of public declaration, consignment is the main alteration method of movable property, which originated from ancient times and enlivens today. As to the legal effects of consignment of movable property, there are two different standing points-the antagonism and the effectism. The legal effects of consignment include that on real rights law and creditor's rights law. public credit of the consignment namely of possession to movable, is mainly embodied in presuming the property right and guaranteeing the legal force of public credit of the third party. We should persist in effectism, and stipulating the realistic consignment, simple consignment and fictional consignment on real rights law. About alteration of possession and indicative consignment, although they have not the function of public declaration, they still be able to cause the change of movable property between the parties, so creditor's rights law should stipulate them. Consignment is combined with representation and factual act and parties' representation is different from its duty of consignment. In nature, the right to petition of consignment is a kind of right to petition of obligatory right, including the right of requesting to consign and to correct the consignment.
Keywords/Search Tags:alteration of movable property, function of public declaration, effectism, force of public credit, right to petition of consignment
PDF Full Text Request
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