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On Good Faith Acquisition

Author: ChenXiaoLi
Tutor: WuChunYan
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Good faith acquisition No right to dispose of Transaction security the composition of the system elements
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 107
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Abstract

As one of the most important principle of property right in Property Right Law,the object of establishing good faith acquisition is to maintain dynamic security of property right transaction and adjust benefit relation between the original ower and 3rd person. In reference to foreign legislation relating to acquired in good faith on the basis of the system, Our Property Ritht Law combined with their own specific realities, expressly provides for good access to the system,and to obtain as a special mode of ownership. This paper will combine the Property Law Article 106 of the specific provisions made in good faith to achieve a system of analysis in good faith and elaborate the history of our origins, theoretical basis, constitute the elements, the legal consequences, etc.This paper is divided into six parts:In the first part,it’s about the concept of acquired in good faith and historical origins. This section focuses on the concepts acquired in good faith and its historical origins, through the Roman, Germanic law to modern Western countries to obtain good analysis of the relevant provisions of the system to explain the historical origins of acquired in good faith.And this section is mainly acquired in good faith from the established purpose of the system, analyzes the acquisition in good faith based on the realities of the system. Combined with property of the publicity and public trust principles, its theoretical basis for analysis.The second part is made in good faith constitute the elements. This section is mainly with "Property Law" the provisions of Article 106 and Article 107, in good faith to achieve a concrete analysis of the composition of the system elements as well as the specific content of the constitutional elements and a concrete analysis of the applicability of Lost Property acquired in good faith.The third part is the legal effect of acquired in good faith. This section is mainly from the third person in good faith with the original owners, the original owner with the right to dispose of the relationship between the proceeding to analyze the legal relationship between them and the legal consequences.The fourth part introduces the legislation system which is about whether to adapt acquisition in good faith of the lost and the stolen, and to handle the man who getting stolen goods with good faith combination the practice of our criminal justice, and elaborate the personal views about applying the tules of getting stolen goods .

On Good Faith Acquisition

Abstract

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