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On Possession In Good Faith To Obtain From The Material

Posted on:2011-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2206360302999581Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Bona fide acquisition play an important role in civil law. The theory foundation of the Bona fide acquisition(BFA) is the publicity of occupation.Even if the selling part have no real right on the property actually,but the third party made the transaction in good faith,paid reasonable cost and possessing the good,he will obtain the whole profit on the property.lt is confirmed by so many nations,because it can protect the transaction system. confirmed The BFA for the first time, it shows the progress of the law,and it is meaningful,but it also have some drawbacks.The article contains five parts. Chapter 1 explains the definition of movable property escaped from owner. Chapter 2 refers to the involved laws of different countries in the world and make them into two sorts.By this way,we can know that: most of the nations adopt the idea of "the middle law". Chapter 3 analyses the property law of our nation and makes some suggestions.The rule of BFA should be applicable to the booty on some certain conditions,but it is necessary to make the requirement of BFA strictly.Chapter 4 discusses the points for attention of acknowledging the rule of BFA can apply to the booty on some certain conditions. Last part relates to the conclusion of this article. With the development of market economy, it is more and more important to pay attention to the protect the trade security."The middle law" can balance the benefit of the owner and the order of transaction.
Keywords/Search Tags:BFA, Booty, Movable property escaped from owner, Security of transactions
PDF Full Text Request
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