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Study On The Protection Of The Third Party's Interest In The Change Of Real Right

Posted on:2021-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z M JiaoFull Text:PDF
GTID:2416330629954167Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the context of the current market economy,people constantly trade commodities with each other for the purpose of satisfying their living needs,expanding private property and obtaining economic benefits.The constant exchange of commodities makes the real right change happen at every moment.At present,there are still many imperfections in the real right change system in Our country,such as unauthorized disposal and multi-sale in the trading market,which not only damages the interests of the real right holder and buyer,but also seriously affects people's trading enthusiasm and disturbs the normal trading activities in the market.The alteration of real right involves the property interests of the transferor,the transferee and the third party.How to balance the interests of all parties in the legal relationship of the alteration of real right has become a difficult problem to be solved in China's "Civil Code".In order to ensure people's enthusiasm for pursuing benefits,maintain social order and stability,and promote the development of market economy,it is very important to establish a fair and just system to protect the interests of the third party.Through a variety of research methods in this article,from the concept of real right change and the third person and the related theory,this paper analyses the real right of a third person limited range,demonstrate the significance of protecting the third person and the concrete way to protect the interests of a third person and the system,by investigating the countries outside of our legal system,analysis of the pros and cons of different national legal system and theory,sums up the feasible methods of the third person benefit protection,the third party provides a perfect and powerful interests protection theory.Finally,by analyzing the current laws and regulations in China,the paper points out that the relevant systems in China need to be corrected and perfected,so as to realize the ultimate goal of this paper,that is,to protect the legitimate rights and interests of the third party in the change of real right.
Keywords/Search Tags:"Real Right Law", Real right change, The third person
PDF Full Text Request
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