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The Analysis Of The Change Of Proterty To Protect The Interests Of The Third Parties

Posted on:2014-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:J W YangFull Text:PDF
GTID:2256330425977051Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The change of real right not only for the parties to the transaction ofgreat significance,but also on the change of real right and the relationship betweenthird people with a greater sense of property,with the change of real right,theprotection for the third people becomes quite necessary.The interest of the thirdpeople directly affects the market economic order,in other words,the whole socialeconomic order constructed by one of the third people.Compared with the originalproperty and the interests between third people,which one is more important,thelegislation is different,with theoretical controversy.Some proposal to the protection ofprinciple of public summons and the system of acquisition in good faith.Some believethat the property of public trust and goodwill obtaining enough to complete theprotection for the third people,to the principle of property without cause toregulate.Unable to agree on which one is right,public opinions are divergent.Thispaper discusses the issue.Base on the principle of public summons and the system ofacquisition in good faith in the analysis of advantages and disadvantages,and pointsout its protection to third people benefit deficiency,highlighting the real right behaviordue to the principle of existence is necessary,of course,due to the principle of itselfalso has disadvantages,this paper aims to find the integration point of variousprinciples and system,to better protect the interests of the third people.
Keywords/Search Tags:real right, the acquisition in good faith, principle of public summons
PDF Full Text Request
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