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Bona fide acquisition of stolen goods

Author: TianYunZhi
Tutor: EXiaoMei；ZhangFuChi
School: Inner Mongolia University
Course: Legal
Keywords: Civil Innocent Booty Transaction Security
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 214
Quote: 2
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Abstract


Innocent is a modern civil law is an important system , China in October 1, 2007 implementation of the \In the bona fide acquisition of stolen goods is applicable legal theory has been a controversial issue and the judiciary , however, this problem is not the property rights legislation in our country be resolved , then there will be a need to discuss this is the purpose of writing this article . Firstly, from the definition of stolen goods , classification, booty acquired in good faith for the feasibility , necessity and foreign legislation to start by recommending bona fide acquisition of stolen goods should apply to the argument , and this argument has been more comprehensive demonstration. Secondly, from the bona fide acquisition value generated by the foundation and practical significance , but also applies to bona fide acquisition of stolen goods should be recognized . Innocent protects security of transactions, namely static security . Stolen goods as a commodity , in the social circulation process is no different from other commodities , the assignee of the transaction, the process has no obligation to verify the legitimacy of its origin and whether the transferor has the right to dispose of . Again, the booty is divided into possession of the trust property and possession of detachment is not necessary, because whether it is for the rights of indigenous people, or for bona fide assignee , to make the above distinction is moot. Finally , through China's relevant laws and regulations and judicial interpretations in force in the analysis put forward in good faith to obtain the specific system stolen ideas . First, from the constituent elements regulate stolen goods acquired in good faith on the application of a targeted focus on doing . Secondly , to discuss a particular type of good faith of stolen goods .

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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