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On The Application Of Registration Confrontation In Special Personal Property Transfer

Posted on:2018-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2346330536475757Subject:Law
Abstract/Summary:PDF Full Text Request
The resistance effect of registration in special personal property transfer,which is derived from the direct provision of law,refers to the denial of the right of third party to the change of real right of unregistered special personal property,that is,the change of property right can not restrain the third person.The third party in the registration countermeasure shall be a party who wishes to obtain or set a real right,and the interpretation of the subjective goodwill of the third person may be appropriate to reduce the standard,and adopt the presumption of goodwill rules,where there is a third party with information who has not a malicious breach of trust(a breach of good faith or goodwill,etc.)should be found to be a third party in good faith to achieve a legal registration obligation in the confrontation.The validity of the registration confrontation rules to some extent can be regarded as a special way of real right change,but should be strictly limited to the provisions of the law clearly applicable,does not allow any expansion of the interpretation of the application.In law,establish the right to deny the third person,but the legal effect of the exercise of the right of negation is not clearly defined.Without distinction,advocate the expansion of registration confrontation applicable space to cover the disposition of property rights,which is conflicted to deal with this case our existing legal system(multi-creditor’s rights)in the ownership of real right.
Keywords/Search Tags:special personal property, resistance effect of registration, property transfer, registration effectiveness, goodwill third party
PDF Full Text Request
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