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Right Disposition

Author: HeZhiHua
Tutor: LiuJiaAn
School: China University of Political Science
Course: Economic Law
Keywords: Property right of Unauthorized Disposition Innocent Liquidated damages Performance benefits
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 174
Quote: 0
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Abstract


By common sense, right disposition should be negative evaluation, but he was such a negative evaluation of bona fide acquisition overturned. Innocent as a precondition to right disposition, but relatively well-intentioned people can get required property. Unauthorized Disposition and Innocent though related but there is a conflict on the value of the system, in reality, there are also a large number of such cases. Therefore, acquired in good faith in the unauthorized disposal issues are academics, practitioners argue the old problem, known as the \Theory stems from the judicial practice, the actual judicial practice through case analysis in order to identify problems, improvement and innovation theory, to promote legislation to resolve disputes. Therefore, this article judicial practice a real, typical, situations involving buying and selling homes acquired in good faith for the study case basis, combing through the theory, define and clarify, in conjunction with the case of the three discuss the focus of controversy, force search resolve such disputes some of the basic operability principles to guide the process and to resolve such disputes. This paper is divided into three parts, the first part of the right to obtain relevant and goodwill unauthorized disposition were defined. By studying the legal \Different unauthorized agency. Then describes different national property right of the relevant provisions under the right disposition, through the Roman law, recognizing patterns State Property Act, does not recognize the State Property Act mode, common law, international conventions, commercial rules, the European contract law, German law on new debt right disposition of the relevant provisions, we find that the current trend is not entitled to transfer legislative validity of the contract deemed valid. The second part, the paper began to bona fide acquisition of different legislative system for historical research and comparative analysis, the Roman \law \From the civil law \a bona fide acquisition legitimacy to addressing why legislative trends on right disposition to break negative evaluation. The last part is the key part of this article, combined with the previous two parts of carding, clarification, defining the relevant theory and knowledge points to serve as a case study in mind based on the concept of right action, the validity of the contract and the right disposition not entitled to dispose of the damages in-depth study. And worked out to settle such dispute needs to grasp a few basic principles. The reason why the law was created, the reason being studied, the reason is improved only one purpose - to prevent, resolve disputes, so this article that: First, to correctly grasp the nature of cases of dispute, the distinction between right disposition and unauthorized agency, were applied in good faith Apparent institutional system and achieved. The former focus on good faith, reasonable price and the publicity for the credibility to be reviewed to determine the latter relative to people around the \Second, we must accurately determine the validity of an act, the previous judicial practice as a case study basis, as will often not entitled to dispose of the contract as valid. However, according to the \For property changes can not be a contract, because the contract can not continue to perform, you can take the initiative by the parties or by the court to be released next release; Finally, the scientific selection of the remedy of damages, clarify legal relations, distinguish between goodwill acquired in good faith and without made the case to the most representative sample for the study of post house, right disposition circumstances reasonably calculated to fulfill the loss of interest and other content, determined by different parties bear different legal responsibility to maintain and balance of interests between the different parties , the true realization \

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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