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China's traditional amendments Mortgage System Research

Author: ZhangZhiQiang
Tutor: LiuCheng
School: Guizhou University
Course: Legal
Keywords: Traditional lien rights Correct Institutional strengths Deficiencies in the system Frame of reference
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 47
Quote: 0
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Abstract


Mortgage System is a unique system of property rights . Civil Code of the Republic had previously been in the form of customary law exists in society. After the founding of New China , typical right system back to the state of customary law . For various reasons, the newly revised \I believe that the Code is still necessary to retain the right system , but totally typical tradition right system is obviously not in line with China 's national conditions now . So we should be from the right system typical advantages and disadvantages own perspective on the proposed amendment reasonably typical right system , making it both retains its unique value , but also suitable for China's current situation , enrich and improve our property rights system , so typical right system truly play its role. The first part discusses the right to amend the Code of objects - typical of traditional rights system . This part is mainly from the typical meaning of the right , the right to the nature of the typical , typical duration of the right , the right to the effectiveness of typical , typical right formation and elimination of other aspects of the right to elaborate the Code . The second part discusses the necessity of the right to amend Code . Start right on the abolition Code are discussed , followed by the right system for the typical strengths and shortcomings were typical rights were discussed . This third part discusses the right to amend the Code of the frame of reference - quality real estate in Japan and South Korea the right to borrow transmission system , will draw two kinds of systems make the difference between right and typical exposition to the amendment on the right to make a typical reference . In the fourth part discusses the right to amend the contents of the Code . In reference to this part of the real estate transfer qualitative and South Korea on the typical rights and the right to borrow the strengths and weaknesses based on the analysis of the content of the right Code was amended . Finally, also revised Code right system application prospects are briefly analyzed . Lien rights amendment, under the socialist market economic system, there will be more room for development , play a greater role .

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