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Research On Flaw Request Rule Of Chinese Auction Law

Posted on:2020-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2416330623450156Subject:Law
Abstract/Summary:PDF Full Text Request
The flaw request rule in the auction law of the People's Republic of China(hereinafter referred to as the "auction law")is an important auction rule in China's auction legal system.The abuse of "disclaimer not guarantee",the difficulty of compulsory auction and other problems in auction practice all show that the flaw request rule in China's "auction law" needs to be improved.This paper makes an overall study of the practice,defects and improvement of China's flaw request rule as an auction law entity rule.This paper analyzes the existing problems of the buyer's defect request rule from the perspective of practice,and concludes the defects of the buyer's defect request rule in China by combining the theory of practical cases.It is divided into four chapters.The first chapter gives an overview of the rule of claim for defects,including the theoretical basis of the rule of claim for defects and its scope of effect.Chapter two and chapter three analyze the problems and problems existing in China's flaw request rules from the perspective of practice,such as the abuse of "disclaimer not guarantee" in arbitrary auction and the difficulty in adapting flaw request rules in compulsory auction.The fourth chapter mainly puts forward some Suggestions on perfection based on the problems in the auction practice described in chapter two and chapter three,including the limitation of "declaration without guarantee",the judicial management of the identification of cultural relics and works of art,and the improvement of the exemption of guarantee liability for defects in the field of compulsory auction.
Keywords/Search Tags:Auction Law, Defect Request Rule, Declarations are not guaranteed, Compulsory auction
PDF Full Text Request
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