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Land contract and management rights acquired in good faith constitutes

Author: WangHaiTao
Tutor: ZhangHongBo
School: Yantai University
Course: Civil and Commercial Law
Keywords: Trading behavior Unauthorized Disposition Reasonable price Transferee in good faith Property Right Change of Essentials
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 48
Quote: 0
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Abstract


Provided for in section 106 of the Property Law of bona fide acquisition system, and the real property is also included in the scope of bona fide acquisition also provides other real rights of the parties acquired in good faith, with reference to Article 106 of the preceding two bona fide acquisition requirements. This shows that in our current legal framework, the system can be applied to the ownership of immovable and movable property acquired in good faith, can also be applied to other property ownership outside. After the promulgation of the Property Law, the right to land contractual management has become an independent usufructuary. As a real estate property rights, the right to land contractual management course can apply to bona fide acquisition. The text is divided into five chapters, five chapters introduce the five constituent elements of the right to land contractual management applies acquired in good faith, and were to be explored and research. Chapter transaction behavior. First acquired in good faith based on trading behavior as a precondition, not trading behavior and there is no bona fide acquisition system for the meaning of existence. Trading behavior in exchange is characterized by the transfer of rights or ultimate purpose, took place in the legal acts between the different subjects. Trading behavior must be acquired in good faith at the same time as a pre-condition for effective legal behavior. Chapter II, right disposition. Not right disposition, there can be no bona fide acquisition. Disposition have different meanings in different legal systems in the framework of the legal system in China, has no right to dispose of the essence, should be set contract claims. In the right disposition of the land contract and management rights, the right disposition of part of the total person, the right disposition of non-rights holders registered on behalf of people with no right to dispose of the three cases, the registration error. Chapter paid a reasonable price for sale. The transfer of land contract and management rights, it must be based on a reasonable price, paid. The value of the system to protect such land contract and management rights acquired in good faith: equitable to protect the interests of the original rights holders and in good faith to obtain the people's interests. The reasonable price is a relatively vague standards, how to determine they need specific conditions in the judicial practice. Chapter transferee in good faith. The assignee goodwill acquired in good faith an important criterion of the system is applicable. This section focuses on how to judge good faith made an in-depth discussion. From the meaning of good faith, good faith judgment of standards, methods and time multi-angle argument. Chapter 5, Right Change of Essentials. This chapter first analyzes the nature of the registration of the land contract and management rights, and further argued that the registration of land contract and management rights of Essentials Right Change, rather than into force property changes in elements. The last obtained registration by demonstrating the transferor and the transferee to complete the registration, land contract and management rights acquired in good faith an indispensable prerequisite and condition, to come to the registration of land contract and management rights acquired in good faith indispensable constituent elements. The constituent elements of this paper in the framework of the legal system in China is mainly applicable for land contract and management rights acquired in good faith analysis to the application of the system in the land contract and management rights acquired in good faith Mianbaozhili.

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