On The Good Faith Acquisition Of Quasi-property

The quasi-property right is different from the typical real right and has special characteristics.However,due to the incompleteness of the legal provisions,the language of the rights,the scope of rights,the acquisition of rights,the transfer of rights,etc.are not well-known,and the legal rules of different quasi-property rights are not the same,which has caused problems for legal practice.Based on the requirements of the statutory principle of property rights,the scope of quasi-property rights should be determined in combination with the two aspects of civil law theory and substantive law,with the Property Law(Articles 122 and 123),the Water Law,and the Sea Area Management Law,The Wildlife Protection Law and the Fisheries Law are the framework.The object is limited to the mining rights,water abstraction rights,fishery culture rights,fishery fishing rights,hunting,based on the object's non-specificity and the exclusivity of the rights.Six rights of right to use and right to use the sea.The right to explore is excluded because it does not meet the essential nature of the usefulness of the quasi-property.In the current context,the right to take water,the right to fish fishing,and the right to hunt for hunting have no space in good faith.The right to use sea areas and the right to fish culture can be obtained in good faith,and the requirements are chosen between three elements or four elements.The good faith acquisition of mining rights has adopted the contract + approval model for its rights,and the registration of non-rights change requirements does not seem to be applicable in good faith.From the perspective of legislation,the current contract approval and effective +issuance system should be replaced by the contract establishment effective +registration model,and the transfer contract is valid,registered,goodwill and reasonable price,as the constituent elements of the mining rights in good faith,to resolve The current transition depends on the dilemma of mining warrants.However,there are cases in which judicial practice applies the system of good faith acquisition in mining rights disputes.This on the other hand reflects the existence of many areas to be clarified from theory to practice in the good faith of quasi-property rights.