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Art Defect Warranty Disclaimer Of Auction

Posted on:2015-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhengFull Text:PDF
GTID:2296330431475447Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the context of this paper, theoretical research, from the relationship between art auction for the big premise, combined with some of the issues currently in the process of China’s art auction, in the broad sense of the concept of art to collate and summarize, art should have specified characteristics. People from the legal relationship with the client and art auction buyer, who between summarize and organize, analyze the essence and the main features of the relationship between art auction law, the commission contract between the client and the clear art auction The anonymous nature of the agent. In the scope of a clear exposition of the theory of art auction disc lamer defect content theory, paving the way for subsequent research done theory.Disclaimer still guarantees from the auction of artwork defective after starting the chapter, several aspects of the current warranty disclaimers analyze and organize its connotation disclamer to use and even questioned the use of the situation, pointing out the inadequacies of the current defect warranty disclaimer theory. On the theoretical study abroad, South Korea, the United Kingdom, the United States is typical, elaborated with the laws and regulations of different countries with these measures in the relevant legislation and practice take and assessment, in order to achieve the purpose of learning and learning. The final improvement suggestions, the main legislative measures to improve and penalties, focusing on the introduction describes the establishment of the guarantee fund system of art and industry evaluation committee, comprehensive consideration of all aspects of hope for China’s art warranty disclaimers Improved help and improvement.This paper is divided into five parts:The first part is defective disclaimer art auction guarantee the origin of the subject, status, scope and methods of the study summarized descriptionThe second part is defective art auction DISCLAIMER Related legal relationship, to understand the relationship between art auction auction laws of the corresponding features.The third part is the study of art auctions warranty disclaimers flawed analysis summary Auction Law Article61, be denied, and thus clarify art auctioneer flaws disclaimer irrationality.The fourth part is defective foreign art auction auction disclamer regulation, introduced the United Kingdom, the United States, judicial practice and experience and practice, and for the first time introduced the relevant laws and regulations of Korea concerning warranty.The fifthpart is to improve views of art auction DISCLAIMER defects liability from the current auction of our current laws and penalties improve relevant laws and regulations, improve the system of industry self-government, in the new era in art auction Taobao typical of The new network art auction summary, the proposed system guarantees art auction defects.
Keywords/Search Tags:art auction, warranty disclaimer
PDF Full Text Request
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