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On Unauthorized Disposition and the Innocent conflict and resolve

Author: NiuYun
Tutor: YangLiZhen
School: Northwestern University
Course: Law
Keywords: Unauthorized Disposition Acquired in good faith Behavior of real right Creditor behavior
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 263
Quote: 0
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Abstract


Right disposition and acquired in good faith are two important system of civil law , the provisions of the existing laws have on system . The two regimes there are many conflicts in our civil law . The conflict is rooted in two closely linked system of set theory foundation . The right disposition set theory is based on behavior of real right and creditor behavior without distinction , and the theoretical basis of the acquired in good faith set strict distinction between the behavior of real right and creditor behavior . Its legal effect of differences in the basis of the theory of the two systems is very different . In order to solve the conflict between the two , we must uphold the independence of the behavior of thing , the creditor behavior strict distinction between the behavior of real right . Right disposition and the burden of behavior should apply the relevant provisions of the debt . According to the general principles of the debt , as long as both parties is the proper subject , the meaning of that is true and there is no other illegalities , no right to dispose of the contract should be a valid contract . The behavior is the behavior of real right acquired in good faith , shall apply the relevant provisions of the Property Rights . Our civil legislation does not recognize the independent existence of the behavior of thing , therefore , the recognition and application of the theory of the behavior of real right is a fundamental measure to solve the right disposition contract and the Innocent institutional conflict .

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