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Validity Of Property Publication

Posted on:2013-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:S SuFull Text:PDF
GTID:2246330395473062Subject:Law
Abstract/Summary:PDF Full Text Request
This article contains three chapters, Chapter One, the propertypublication system. Chapter Two, the defensible validity of propertypublication. Chapter Three, the indication validity of propertypublication.Chapter One discussed the meaning and content of real rightpublicity system. As the premise of publicity effect study, thischapter exposed the main idea of this thesis with the brief introduction of real right publicity system and real right publicitymethods, which is the effect of publicity. The publicity effect of realright is one of its system contents.Chapter Two discussed the anti-effectiveness of real rightpublicity, which manifest as: No anti-effectiveness without publicity,Anti-effectiveness with publicity. The “Anti-effectiveness” thatrefered to here does not mean contract effect not happening. Thechange of real right among parties still could be effective withoutpublicity. Anti-effectiveness happens only after the publicity of realright change, and the change of real right could raise the effectissue. Publicity is the source of real right effect, without publicity, noparty can propose the real right change effect to any third party.This chapter discussed separately about immovable propertyregisteration and the basis, timeline of movable property alterationeffectiveness. Meanwhile, under the condition of immovableproperty double sales, with the contrast study of publicityanti-effectiveness and publicity effectiveness, we have confirmedthat the publicity anti-effectiveness is lack of scientific explainationand publicity effectiveness is logical, and that proved the rationality of using publicity effectiveness in our country.Chapter Three discussed the effectiveness publicity andcredibility, to begin with, we analyzed the rationality of publicity andcredibility in terms of economy and society. Publicity effectivenessmainly protect the safety of alternation, but apply for the realowner’ s right or benefit been harmed。 we contrastedexpressionism and formalism, discussed whether publicity includethe credibility effectiveness and the meaning of credibilityeffectiveness。In the contrast of publicity effectiveness and rightpresumption system, we discussed the two parties role in thevalue and system of our society, how they are different with eachother. In the contrast of credibility effectiveness andanti-effectiveness, we discussed the different fuctional system.Publicity effectiveness is the foundation of Bona FideAcquisition(BFA), BFA is the necessary logical conclusion ofcarrying out credibility effectiveness. But the useage of BFA mustbe under its own conditions. BFA is refered to a third party, whichdoes not apply to illegal consequences, but identify the real rightthrough law directly, whether it apply to the real right that influenced third party or expected by the real owner. On condition that thesales safety, BFA should make up for the real owner who losthis/hers real right.
Keywords/Search Tags:Publication
PDF Full Text Request
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