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On The Concept Of Delivery

Posted on:2010-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y W FanFull Text:PDF
GTID:2206360275992644Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Our country's《Real Right Law》has been completed and announced the implementation of the development. Fortunately, conceptual delivery is included in it. Conceptual delivery makes delivery a type more of abundant, It is recognized by legislators in order to make the transaction convenient and rapid《.Real Right Law》have Clarified that the conceptual delivery have the effect of real right fluctuation, but for other effects of the conceptual delivery and how the problem for apply involved and this explore to beg for and studied conceptual delivery system to stay larger space in the logic and the system structure for us.This text emphasizes to take the idea consignation of movable property as a research object, with conspectus of the idea consignation, value, effect, apply for study a contents, among them with conceptual delivery effect with apply for study a point. The writer combines the our country current lawmaking and Germany, Japan and Taiwanese region civil law and consign the idea and it the related system system carry on in details analytical. The full text is totally divided into introduction, text, conclusion three parts.Chapter 1:The conspectus of conceptual delivery. This chapter divides three sections and mainly introduce the history beginning of conceptual delivery with concrete type. This chapter embryo which introduces method in Rome period idea to consign concrete appearance first, the short hand which appears to act for realistic consignation consign, grows hand consignation and occupies to negotiate three kinds of forms, and as to it's express to carry on detailed introduction. The angle that the purpose developped from the history to discuss and analyse idea consignation system. Immediately after combine near modern and national lawmaking, consign concrete appearance to the idea, namely simple consign, indicate consignation and occupy to change to certainly take in to introduce. Finally, the writer suggests the existence that the respect indirectly occupies. Emphasized to emphasize indirect occupancy to consign to provide powerful theories to prop up for the idea.Chapter 2:The value of conceptual delivery. This chapter is main to inquiry into conceptual delivery of efficiency value and safety worth, and conceptual delivery of worth conflict of understanding. Analyze the legal theory meaning of efficiency and safety from the general meaning. Firstly,Point out the efficiency existent value lies in making resources allocation superior to turn, safe existent value then to the maintenance of existing benefits. Secondly discuss idea consignation to have an outstanding efficiency value, and emphasize idea consignation the value is in the efficiency is not with all of safety value mutually conflict, point out efficiency value and safe value in of quiet of safety value mutually consistent, with move of safety value(trade safety) mutually self-contradict. Finally, assertion insists pursue high-efficiencily in the meantime, adopt the system way of design to overcome conceptual delivery of irregularity.Chapter 3:The effect of conceptual delivery . The formation dint that this chapter consigns from the idea, resist dint and public's trust three angles are to the effect that the conceptual delivery carry on elaborating completely. The writer thinks that the formation dint of the conceptual delivery resists the strong or weak degree of dint with it direct proportion, but the conceptual delivery of resist the strong or weak degree of dint and its public's trust into inverse ratio Change mode to carry on comb to the meaning doctrine and the formalism real right first, express that the mode of adopt the dissimilarity is in taking place real right fluctuation existence difference. Secondly introduce the effect main contents of conceptual delivery .The first, the formation dint of the idea consignation cares to think the nation that doctrine and formalism real right change mode generally and all to the in recognition of. The second, consign from the idea of resist the effect that the angle of dint further consigns to the idea to take in to explain, the conceptual delivery of resist dint to new real right person's protection, support a real right fluctuation result, keep others from get involved taking into breakage to the lately- become real right relation. The third introduce the public's trust of conceptual delivery. Introduce Mr. show and the relation problem of public's trust, protect trust a benefits while showing minor faults for the sake of Mr.. Finally introduce i conceptual delivery of Mr. show dint whole up tend weak, after then explaining conceptual delivery, usually male show the right of token with substantial right inconformity, make the public's trust have more to apply of premise, affirmed idea consignation the necessity of public's trust existence.Chapter 4: the appliance of conceptual delivery. Introduce conceptual delivery to change to mediumly apply a problem in the real estate. Firstly, emphasize that the conceptual delivery can be exist in real estate fluctuation process in, but just among them of a link. In the formalism lawmaking under the mode register end have decisive function. Secondly introduce conceptual delivery in the good intentions obtain the system of apply. Lay claim to simple consignation and designation consigns applicably to obtain at the good intentions, but according to occupancy change settle the way can't establish good intentions to obtain. Finally, introduce the relation problem of the conceptual delivery and movable property quality power, lien. However there is occupancy change can't certainly be applicable to the movable property quality power and lien in the i conceptual delivery, two kinds of other appearances can establish the movable property quality power and lien.Chapter 5:Conclusion. Summarize the full text.
Keywords/Search Tags:Conceptual delivery, the value of conceptual delivery, the effect of conceptual delivery, the appliance of conceptual delivery
PDF Full Text Request
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