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On The Legal Effect Of Impersonated Disposition

Posted on:2014-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:M GanFull Text:PDF
GTID:2256330422954386Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Impersonated disposition of others’ objects such as movables,immovables and claim appears frequently in recent years. There are nolegal norms about this kind of problems. The scholars’ researches on thisproblem are most focused on whether the bona fide acquisition system orthe unauthorized agency theory can be applied. However, using the sameway to deal with all impersonated disposition is not that reasonable. Treatthem differently according to subject matter seems more logical. Whenthe subject matter is movable, the bona fide acquisition can be applied.When the subject matter is immovable, the rights of gratuitous recoveryshould be given to the proprietor. When the subject matter is claim, thequasi-position theory should be applied.
Keywords/Search Tags:impersonated disposition, unauthorized disposition, agency, bona fide acquisition, quasi-position of claim
PDF Full Text Request
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