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Construction On Bona Fide Acquisition System Of Movable Property Escaped From Owner

Posted on:2016-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:M Y JiangFull Text:PDF
GTID:2336330503994394Subject:Master of Laws
Abstract/Summary:PDF Full Text Request
The property law of China officially establishes the bona fide acquisition system, and clearly stipulates its objects, including movable property escaped from owner, such as lost property. However, the property law is not perfect in regulations on the bona fide acquisition of lost property and includes no regulations on the bona fide acquisition of thief booty. With the development of market economy and commodity transaction, it has been an universal truth that movable property escaped from owner comes into the market through the trading channel, thus legal scholars argue about whether the buyers' rights can be protected by law if they buy property escaped from owners through public markets. Based on the rule of trust protection and the current situation and the future of the bona fide acquisition system in our country, this paper advocates that movable property escaped from owner can apply to the bona fide acquisition system and presents some proposals about systematically establishing the bona fide acquisition of movable property escaped from owner.The first section is about the existing legal problems of movable property escaped from owner. Firstly, this paper analyzes the existing problems in juridical practice by introducing some true cases about lost property and thief booty. Then, it analyzes the theoretical points of controversy after discussing different kinds of theories about movable property escaped from owner in academic circles.The second section is to analyze the viability of bona fide acquisition of movable property. The paper chooses the trust rule as the most suitable theory basis for bona fide acquisition of movable property escaped from owner by discussing different theories about bona fide acquisition. It concludes that movable property escaped from owner can apply to bona fide acquisition by analyzing the key elements, which is the accountability of the original rights holders.The third section is about the design of bona fide acquisition system. The paper firstly points out the unreasonable aspects of recovering claims after interpreting the 106 th and 107 th rules in the property law of China and then focuses on the standards of goodwill and public market rule after proposing general components and special components of bona fide acquisition of movable property escaped from owner. Finally, it offers some legislative suggestions to construct the bona fide acquisition system of movable property escaped from owners.
Keywords/Search Tags:movable property escaped from owner, bona fide acquisition, the trust rule, goodwill, public market
PDF Full Text Request
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