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Rules of Real Property Acquired in Good Faith

Author: YangJing
Tutor: ZuoYiMei
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: rule of real property acquired in good faith Property known to the principle of public trust mistakes in record
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 149
Quote: 0
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Abstract


Property law the provisions of section 106 for the academic years of real estate acquired in good faith deny that and say for sure that the debate between the way through the legislature gives a positive conclusion - property acquired in good faith can also be applied. I, as a practical experience of both teaching and legal practitioners, real property acquired in good faith that although the legislation has been established, but the concept of judicial practice and the people also need a long-term practice, still exist in the specific application many problems, So I write this with a view to the rules of real property acquired in good faith and accurate positioning of the work to bring the judicial practice of a certain reference value.This real property acquired in good faith will be an overview of the rules, our rules of real property acquired in good faith to establish a foundation, the constituent elements, the force of law and other issues.The first chapter is an overview of real property acquired in good faith.The chapter discussed from three aspects. First of all real property acquired in good faith from our rules of the status quo of its legislative concepts, to define the nature, Acquired in good faith and then explore the origins of historical materialism, the typical state legislative acquired in good faith with our country’s comparative analysis of legislation, Finally, for our jurisprudence in this area there are two theories of positive and negative point of view for analysis.The second chapter deals with China to establish the rules of real property acquired in good faith basis. Divided into three basic areas are discussed. The first is based on the theory that the principle of public trust property publicity of China’s real property acquired in good faith to establish the theoretical basis. The second is based on basic values, namely to protect the safety of transactions and transaction security for our ethics behind the private real property acquired in good faith to establish the rules of basic valuesThe third is based on realistic basis, which is our real property acquired in good faith to establish the rules of reality is based on the reality of the registration error exists.Chapter III discusses China’s real property acquired in good faith of the constituent elements. Mainly from the real property acquired in good faith transferee in good faith, no right to dispose of the object and objective analysis of four aspects of behavior.The fourth chapter deals with China’s rules of real property acquired in good faith legal effect. Mainly from the legal effect of changes in property and debt claims on the legal effect analyzed in two ways.

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