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No Right To The Reconstruction Of The Penalty System

Posted on:2007-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:L M XiaoFull Text:PDF
GTID:2206360212470456Subject:Law
Abstract/Summary:PDF Full Text Request
The matter of unauthorized disposal has been known as "legal spirit" because of its blurred connotation and complicated legal relationship arising from that. The system of unauthorized disposal is closely related to the theory of Legal Acts, the Changing Model of Real Rights, the Effect of Contracts , Acquirement in Good Faith, Unjust Profits, Tortious Liability and so on. This system almost affects the entire civil law system. The judgment and analysis on the effect and legal results may come down to the qualitative explanation on the legal relationship among right holders, persons who dispose without power and the third party. So it goes without saying that improving the system is of great importance.The author believes that understanding and resolving the problem of unauthorized disposal has close relation to the model of the change of real right adopted. The analyzing of the founding purpose, initial prototype and developing track of No-right Disposal System from the historical angle will help us to know and grasp the system more clearly and comprehensively. The analysis and comments on different viewpoints about the matter of No-right Disposal System are propitious to find better solutions on perfecting it. And our final intention is that under existing legal background we make this system play a better role by methods of legal interpretation and make it in line with other systems and achieve the unity of legal system.This paper is divided into six parts:The Introduction show the purpose of the author writing this paper.The first part nails down the contents and characteristics of unauthorized disposal. Beginning from the concept of disposal, the author introduces different meaning of unauthorized disposal corresponding with diversified changing models of real rights. The author claims that the behavior of disposal should be regarded as the unification of contract of creditor's rights and fulfilling acts. That's to say, although the no-right disposal lacks of the right of disposal, it has the surface feature of disposal behavior. Moreover, the feature of No-right Disposal should also include that the disposal behavior may damage the interests of the right-holders, and thus we won't expand the scope of application of it.
Keywords/Search Tags:Unauthorized disposal, Disposal behavior, Changing of rights, the model of changing of real rights
PDF Full Text Request
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