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The Legal Consequences Of A Thing Sold

Posted on:2017-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:H X XieFull Text:PDF
GTID:2296330485980940Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Resale common phenomenon in real life, a thing sold in violation of the principle of good faith, but also the impact of the market order, its adverse consequences can be imagined, so whether in practice or in legislation solve this problem is a priority.Research thing sold issues only can effectively solve a number of problems was the practice of selling, but also to ensure the normal market transactions, maintaining trading order.Theory thing sold involve quite a lot, there is property law theory, there are bonds issued theory, property law theory which involves Property change mode, notice of registration, priority, transfer delivery, etc. debt law theories involved have betrayed transfer and delivery of the ownership relationship, the right to revoke the third party damage infringement. Based on reality life in the a real number sold problem solution of need, paper must to on a real number sold for analysis and research, first to from theory analysis its formed of related theory, analysis its nature, and reasons and consequences, second based Yu national conditions, in national legislation of based Shang reference abroad legislation, on a real number sold problem of solution proposed effective and has feasibility of legislation recommends and related of specific measures.This paper consists of five parts, the first part is the introduction, in which a thing sold for research background, significance, literature review, purpose and method. The second part is a thing sold debt consequences of the ownership of the subject matter analysis under different ownership change mode property rights, combined with China’s national conditions and analysis of a number of objects from the ordinary movable property, the subject of a special type of three kinds of movable and immovable property Sell successful physical ownership issues.The third part is a thing sold debt consequences of this section is to analyze the effectiveness of the sales contract at a different change patterns of property rights. Due to a problem caused by the thing sold more, the next two chapters are selling the adverse consequences caused propose appropriate relief mechanism for a number of objects, the fourth chapter is a relief mechanism abroad, mainly from the civil law and common law Department of typical relief mechanisms thing sold to proceed, focuses on the preregistration system, delivery systems and transfer of immovable property priority system.The fifth chapter of the relief mechanism, based on the basis of their own national conditions, through drawing and Advanced Theory comprehensive code of West discusses two aspects of Right and Law of Obligation for Resale relief mechanism, in which aspects of property law relief delivery system including transfer of immovable property and priority system, debt relief law include the right to damages and the right to revoke the exercise.
Keywords/Search Tags:One thing sold, Mode of real right alteration, Legal consequences, The relief mechanism
PDF Full Text Request
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