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Concept Delivery System

Posted on:2006-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:H T YanFull Text:PDF
GTID:2206360155461779Subject:Law
Abstract/Summary:PDF Full Text Request
As part of the content in the realm of rem law, the delivery system is of great importance in the economic life. It not only involves the transfer of the ownership of an object, but also involves a series of changes of the rights and duties of the parties. There are only real delivery system and no conceptual delivery system concerning the change of the rem of movable property in the current civil legislations of China. Whether delivery is only confined to real delivery is still a controversial issue theoretically and practically. For the time being, China's rem law is still in the process of formulation, just as some scholars have pointed out the main task for the rem law to modify is to perfect the delivery system and the main approach to perfect delivery system is to perfect the types of delivery. The real delivery had once played a vital role in the early Roman law, nevertheless from the time on, due to the social development, transactions of goods has be come more and more frequent, many countries in the world have established conceptual delivery system in their civil legislations. This has greatly enhanced the convenience and rapidity of transactions and thus conform with social development process.On this basis, the thesis holds the opinion that the future tern law of our country shall lay down rules on conceptual delivery besides rules on direct delivery, namely, real delivery.Its relevant systems shall also be further perfected based on the experience drawn from the legislations and practices of other countries.
Keywords/Search Tags:Conceptual delivery, Simple delivery, Delivery upon notice, Switch of possession
PDF Full Text Request
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