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Research Stolen Goods Acquired In Good Faith

Posted on:2013-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhengFull Text:PDF
GTID:2416330488493010Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The reality of laws have a system is good faith acquisition system,this system is very important,in almost every country in the civil law of the system all have relevant regulation.But for stolen goods is whether good faith acquisition,countries legislation and the relevant practice is not the same.In our country,whether stolen goods shall be applicable good faith acquisition system this problem has been legal scientific theory and judicial is the focus of intense discussions,but still not in property law legislation to solve,therefore,it is the necessity of the discussion.This paper the author first introduced the good faith acquisition of basic overview of the stolen goods,clear the value foundation of good faith acquisition of produce and realistic significance.Good faith acquisition system is very important,has its own irreplaceable value: just to protect trade safety,more fundamental is in order to make the trade efficiency increase,and promote the development of the market economy.Promote the circulation of commodities realize a specific purpose.And of the civil law embodies the honest credit and fairness.And then expounds the good faith acquisition of stolen goods limited application of legitimacy,list the stolen goods are applicable good faith acquisition of theory system of dispute.According to our country at present the relevant judicial explanation and reply the provisions of the regulatory documents such as the property law,and in accordance with the judicial practice of stolen goods are applicable good faith acquisition of different treatments and good faith acquisition of stolen goods abroad the legislative cases,put forward the good faith acquisition of stolen goods should be limited application.Today's China is the development of the socialist market economy,fairness and efficiency is the ultimate goal of pursuit in our civil law,which we need good faith acquisition system to improve economic efficiency,to cooperate with the Chinese economy and the world community needs.So,like lost property,stolen goods should also limited application good faith acquisition system,which is within the legal time limit,the right holder has the right to reply to its content,but the buyer through the auction or to goodwill with the requirements of business operation of the object for operators,the original holder requests the returning of the original object shall pay pay when the transferee of the cost.In addition,if the stolen goods is money,unregistered securities,bona fide assignee instant get ownership.If is made of stolen goods special circumstances look back,will split the case discussion.If is malicious,not applicable,if is goodwill accidental behavior,is applicable.In addition there are stolen goods is to belong to have personal feelings,commemorative sense items and the particular circumstances of the formation of the great significance of the property,to take the cautious attitude.
Keywords/Search Tags:Booty, Acquired in Good Faith, Limited Application of Stolen Goods
PDF Full Text Request
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