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Creditor Quasi-tenure Systems Research

Posted on:2011-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:L L RenFull Text:PDF
GTID:2206360305473914Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
System of quasi-possession claims in the Civil Law in the small concern and the legislative practice in addition to be reflected in the administrative regulations, at "Civil Law" and "Contract Law" or blank. As the market transactions become more frequent, judicial practice more and more such cases, due to the lack of legal provisions, but also lack of theoretical guidance, the system involved in the case of regular people feel helpless. Therefore, the study of the system of theoretical and practical significance, and has been a priority. This paper intends to claim the basic theory of quasi-tenure issues and the legislative practice of explanation and put forward ideas.This article explains the establishment of quasi-possession claims the necessity and legitimacy of the system. Obligation Law traditional focus only on the debtor trust from the perspective of the use of "trust doctrine" to protect the debtor appearance theory, while ignoring how real is the loss of the right of creditors; in this paper, I draw, "and because of doctrine" of exterior theory to illustrate this point, would be "because of doctrine" theory and the appearance of "trust doctrine" theory of the appearance of the combination of quasi-tenure system for the claims laid a more solid theoretical basis. On the tenure system of quasi-debt structure, the legal consequences, and effect of remedial measures satisfaction analysis and investigated claims of judicial practice in China on the application of quasi-tenure, tenure of the debt of quasi-legislative recommendations.
Keywords/Search Tags:Quasi-possession claims, The right to look, The safety of transactions, Trust doctrine, And because of Doctrine
PDF Full Text Request
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