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The Necessity Research On Expanding The Scope Of The Registration Of Movable Property

Posted on:2018-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:X L ChenFull Text:PDF
GTID:2346330515492147Subject:Law
Abstract/Summary:PDF Full Text Request
China’s property law stipulates that possession of movables has the effect of expressing its own right as a method of publication.The real right over some movables,as over civilian aircraft and ships,which can not possess or deliver the external form of the real,take the registration as their Publication method.Except these,other real rights over movables all take the possession or delivery as:their publication method.Due to the lack of movable property registration system and the bona fide acquisition of movables,the rights and interests of the ownership often faced with a huge encroachment in finance lease deals.This phenomenon seriously hampered the healthy development of the finance lease deals.?Interpretation of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Cases Involving Disputes over Financial Leasing Contracts?issued in 2014,responded to this phenomenon.But it does not resolve the real right system obstacle of the movable leased property.It needs to expand the scope of the register of movable property legislation in our country.It is feasible to expand the scope of chattel ownership registration,on the basis of Coase-Theorem on transaction cost theory,real right alteration theory,and the effectiveness and cost of the system,combining with the existing legislation system,and the technical basis.Legislation of the movable property registration system will make the property law be in the perfect of form rational and logic.The first chapter points out the legislative flaws of the registration system of chattel in our country.The second chapter expounds practical significance of expanding the range of movable property ownership registration.The writer illustrates the necessity and feasibility of expanding ownership registration through case studies,the standardization of the deal,network technique,institution and idea.The third chapter expounds the theoretical basis of this paper.It analyze the value of the movable property registration system from Coase-Theorem and transaction cost theory,the theory of real right change publicity,the effect of the system and the rational value of legislation.In the fourth chapter,the author expressed the movable property ownership registration in effect model should be selected against the doctrine of publicity.The registration should follow the principle of voluntariness and unity.
Keywords/Search Tags:Movable Property, Ownership Registration, Registration for Financial Leasing, Registration Antagonism
PDF Full Text Request
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