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Analysis On Ownership Of Vacant Goods In China

Posted on:2020-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:K WangFull Text:PDF
GTID:2416330590458728Subject:Law
Abstract/Summary:PDF Full Text Request
There are main things and vacant goods in the matter.Many countries of the world have made full and detailed regulations on the main things and vacant goods.However,in our coutry's legal system,the main items are very perfect and detailed,but vacant goods are there are no regulations,which leads to different opinions in the theoretical and judicial circles on the existence of vacant goods,what is vacant goods,the vacant goods objects,the types,the characteristics,and the ownership of vacant goods.Although there is vacant goods in the current legal system,it does exist objectively.The core of research is to study how to clarify the ownership of vacant goods.Therefore,this paper will analyze the rule of vacant goods ownership.The status quo,put forward the perfection.This article has four parts.The first part of vacant goods overview clearly defines its concept,classification method and analysis of similar concepts.The second part is the status quo and existing problems of the ownership of vacant goods.By analyzing the provisions of the current law and related judicial practice,it is concluded that there are three major problems in the ownership of vacant goods in China: First,the concept of vacant goods is unclear.It is a lack of vacant goods identification procedures,and the third is that the country without ownership belongs to the country.The third part analyzes the historical origins of vacant goods in ancient China and the rules of attribution of vacant goods outside the domain.The fourth part puts forward three perfect opinions.First,the movable property has vacant goods clearly defined by the preoccupation,and the law should prescribe the scope of the preoccupation person and the specific type of the movable property that can take the ownership first;the second is to set up the owner.The public welfare fund;the third is to establish a judicial recognition procedure for vacant goods.
Keywords/Search Tags:vacant goods, ownership, preoccupation, rules of attribution
PDF Full Text Request
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