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Acquired In Good Faith Application Of Research

Posted on:2007-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:F L XuFull Text:PDF
GTID:2206360185954281Subject:Law
Abstract/Summary:PDF Full Text Request
Bona Fide Acquisition system is the very important system of modern real rights law. Establishing this system aims to balance the quiet security and dynamic security of property, and to protect the interests of"The third part in good faith"when bargaining. Since China has been carrying on Market Economy, Bona Fide Acquisition System has been fairly essential, otherwise the economic development and social order will be much influenced. Currently, Bona Fide Acquisition System has been applied in the judicatory practice. Relative laws and judicial construes have provided various rules concerning Bona Fide Acquisition System from different angels. However, there is still not a integral law system of provisions in respect of Bona Fide Acquisition System. The concept of Bona Fide Acquisition System, history origin, theoretical foundation, value foundation, composition documents and legal results are studied and compared; whether Bona Fide Acquisition System can apply to real estate and the composition documents of Bona Fide Acquisition System are highlighted. This paper states in detail the scope of personal property to which Bona Fide Acquisition system applies and provided some rough proposals of the composition documents of Bona Fide Acquisition System applying to personal property and real estate.There are four parts in this article. The first part presents the background of Bona Fide Acquisition System, including the history origin and theoretical foundation, and also introduces the different provisions concerning Bona Fide Acquisition System in the code of civil law in various countries and the status of Bona Fide Acquisition System in legislation in China. The second part provides the values of Bona Fide Acquisition System. The third part states the composition documents of Bona Fide Acquisition System. The fourth part describes the scope of personal property and real estate as well as some special property when Bona Fide Acquisition System applies to them, as well as the legal effectiveness of Bona Fide Acquisition System.
Keywords/Search Tags:Real estate, No right transfer, Personal property, The third party in good faith, Bona Fide Acquisition System
PDF Full Text Request
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