Font Size: a A A

On The Right Disposition

Posted on:2005-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XiaoFull Text:PDF
GTID:2206360152966388Subject:Law
Abstract/Summary:PDF Full Text Request
There has been much dispute over the basic question, which is action of having no right to handle, Since Contract Law had been enacted and enforced in 1999.It is vitally important to how to locate its definition and how to determine its legal force .Because this problem has an important bearing on design of legal system, which is science, fair and harmony. On the other hand, it is related to protection of safe dealings under the modern marketable economic .More importantly, it is connected with the changeable modes of real rights. So it is known as "the Spirit of Civil Law".The thesis is based on action of having no right to handle, which is "selling other possessions". It illustrates the movable orbit of ownership. In addition, It elucidates the optimum rule of handling. At present, there are three theories about real rights in the Continent Law. It deals with the following theories: (1) the subjective theory, i.e. the pattern of France. (2)the synthetical theory, i.e. the pattern of Austria; (3) the objective theory, i.e. the pattern of German.The aim of the thesis is to ensure the safety of marketable dealings and owner. It tries to absorb and draw on excellent legal fruits from other countries. The author puts forward some advice to improve, perfect and remedy defects in the legal rules andregulations in force. In the final, the author makes it become a rule of promoting economical development in China and dealing with challenges from the international trades.
Keywords/Search Tags:action of having no right to handle, the changeable modes of real rights, the benefit of the third party
PDF Full Text Request
Related items