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The Comparative Study of the Legal Effects of Possession

Author: ZouYanYan
Tutor: QiEnPing
School: Tianjin University of Commerce
Course: Civil and Commercial Law
Keywords: Occupy Effectiveness The right to presumption of Acquired in good faith
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 114
Quote: 1
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Abstract

The paper is divided into four parts of a more comprehensive analysis and study the effectiveness of the core content of the tenure system that possession. Possession of the effectiveness of the theoretical basis, the first part of the study the second and third part were studied from the point of view of the vertical and horizontal comparison on the possession of the effectiveness of legislative Historical Survey and Modern Foreign Investigation, the fourth part in a summary of the previous research on the basis of , discusses in detail the current property law in China occupies an institutional flaws, gives his own views, and the design of the system of property law in China. The first part describes the possession of the effectiveness of the theoretical basis, including the definition of possession effectiveness, possession of the nature and possession of the relationship between the effectiveness of the possession of the nature of the possession of the effectiveness of the content. Listed in the possession of the nature and possession of the analysis of the effectiveness of the relationship and focus on comparing various theories on the nature of possession, the facts say the differences and the formation of different reasons and the right to say, and formed their own point of view. The second section deals with possession effectiveness Historical Survey. Historical Survey of tenure systems and their effectiveness on the ancient Roman and Germanic law, that the possession of the effectiveness of modern country or region under civil law is the integration of the product of the two, they are from the ancient Roman law and Germanic law find the source or basis. The third part is the extraterritorial effect of the possession of visits. Take horizontal comparison, differences occupies a specific effect on the foreign legislation. Among them, the presumption of validity including possession constructive possession of the facts and the right to possession of the presumption, this article focuses on the right to possession of the presumption of effectiveness, including the possession of the right to presumption of effectiveness of the scope and content. Possession of the right to obtain the effectiveness of including acquired rights in accordance with bona fide acquisition and acquired rights made by aging, these two systems so as to sacrifice the interests of the original owners the cost to maintain the security of the transaction, to promote the best use, which is legal interests measure and select the results. The protective efficacy possession, including the person in possession of the right to self-help and the right to possession of protection request. The latter of which is the focus of the study. The fourth part of our tenure systems design. On the basis of the first three parts of the study, combined with China's own characteristics, and the lack of current property rights system and perfect their point of view.

The Comparative Study of the Legal Effects of Possession

Abstract

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