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Acquired in Good Faith Implementation of the Civil Application of the System
Author: XieHaiSheng
Tutor: PeiLiPing
School: Huazhong University of Science and Technology
Course: Civil and Commercial Law
Keywords: Acquired in good faith Property Due Process Opposition to execution
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 37
Quote: 0
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Abstract
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Civilian implementation rem perform its normal , in identifying and determining whether a property is a responsibility and property of the person against whom the implementing agencies based on the requirements of discrete trial execution and efficiency considerations , following the appearance of doctrine and formalized rules based only on the subject of property vested in the appearance of the situation , and the application executor representations or enforcee of reports to judge , resulting in the infringement of bona fide third situation occurs . Of the goodwill of the Civil Procedure Law of the execution of the application of the system and the operation is not clearly defined , and the bona fide acquisition applications controversy has inextricably linked with the implementation of the property in its execution , and for how to identify whether property acquired in good faith to be executed around the court in the practical implementation procedures no specific operating procedures apply different and this has led to the phenomenon of the codefendant different execution results in the implementation of the program . Therefore, the concept of civil enforcement proceedings by the bona fide acquisition constitutes value , legitimacy , and the pros and cons of some Discrimination Mianbaozhili perfect for our judicial system , the implementation of the program for our current path reference.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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