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Right Disposition

Author: WangZuo
Tutor: DingMei
School: China University of Political Science
Course: Comparative Law
Keywords: Unauthorized Disposition The principle of separation Behavior of real right Actual performance
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 339
Quote: 0
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Abstract


In Germany and France, the right disposition system key position in the communication property law and the law of obligations, theory and legal acts, the sale and purchase contract, real estate registration, unjust enrichment, damage compensation system are closely linked. Unauthorized Disposition system the Professor Wang Zejian had used the \The reason given such a high evaluation of the system, in addition to the important role of the system in practice, but also because through its investigation of the system can be obtained on the guiding theory and law level of development of a national civil law. This feature of the system known as the Law touchstone role. This touchstone role is particularly evident in the study right disposition system. After the founding of New China, had the legal theory of the Soviet Union to conduct a comprehensive successors, after the reform and opening up, China has begun to learn from all of the world's outstanding legislative process of the legal system. In the process of transformation in the legal property right of debiting. The right disposition system adopted in Germany, but it was not adopted as the basis of the system behavior theory of property rights. Thus, due to the impact of the socialist legal tradition, not entitled to the penalty system in practice is not conducive to the interests of the counterparty protection vulnerability, and thus cause the Chinese legal theory of up to nearly two decades of controversy. This argument is often reflected in the discussion of the effectiveness of the right disposition, but scholars discuss the premise that what is meant by no right to dispose of different views, often produce discuss nothing in common situations. Therefore, I selected a few to have an important impact on China Law legal order for comparative analysis. Soviet factors can not be avoided due to the new jurisprudence decades before the reform and opening up to accept the legal theory of the Soviet Union, so examine the right disposition system. Unauthorized Disposition the system founders from Germany, and therefore should also inspect the system of German right disposition. Because \By to visit not entitled to the penalty system of the country in the sense of the comparison method, combined with the principles of the actual performance of contemporary legislative impact analysis of China's planned economy era contract, I think, still part of the \the era of the planned economy, to ensure the actual performance of the contract conflict contradictions exist in 51 of the Act, under the right disposition system is generated outside the system and the laws previously in force in traditional Chinese legal modernization. Should start from establishing the principle of respect for party autonomy, the adoption of the Real Right Behaviour learn from nature, combined with the amendments to the provisions of the Contract Law to solve the problem. Widely concerned in the description of the right disposition system, civil law Alimentarius is a unified whole logic, only the logical unity, the force of law only has to deal with new cases of independent development, and the law as the point of view of the ruling tool, not a real legal system.

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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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