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Analysis On The Civil Case About Mr.zhang Suing Mr.Li For Returning The Watch

Posted on:2016-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:J J HuangFull Text:PDF
GTID:2296330467489854Subject:Law
Abstract/Summary:PDF Full Text Request
Goodwill acquired is an important system of "Property Law", which betterbalance the interests of the owner of the static security and safety of transactionsbetween third parties. However, good intentions regarding the applicability of lostproperty ownership made, whether the lost property if applicable lien acquired ingood faith and thus extending the exercise of the right to request the return of theoriginal object is limited to the subject matter of the person in possession of the realproblems, in theory there is a lot of controversy. The focus of this paper analyzes thecase of disputes between parties mainly in three aspects: First, whether it can beapplied to the ownership of the lost property acquired in good faith; Second, ifapplicable lien lost property acquired in good faith; third is whether the right to returnthe original request only possessor may claim to reality. In this paper, the focus ofcontroversy after the three were analyzed and discussed believe, first, Zhang lostwatch case belong to the lost property, after being picked up by Lee, which wastransferred to Wang, even though Wang meets "Property Law" Section106Elementsrequired by regulation made in good faith, Wang could not get the table ownership,empathy, followed by the same hand Jeong can not get the table ownership. Second,Zhu can watch lien acquired in good faith, as Zhang still enjoy ownership of the table,so you can request to return the watch to Zhu, but Zhu or Zhang should also repay thecost of repairing watches. Third, in addition to Zhu or Zhang request to restore things,you can also have no right to occupy Lee, Jeong Wang and request the return. Throughthis case, the conclusion is: First, goodwill acquired ownership of the lost propertyNA; secondly, lost property lien can be applied to goodwill acquired; again, the returnof the exercise of the right to request the original object is not limited to the subjectmatter of the reality of possession people.
Keywords/Search Tags:Lost property, Acquisition in good faith, Lien
PDF Full Text Request
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