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On Bona Fide Acquisition

Author: LiuTiePeng
Tutor: LiYongJun
School: China University of Political Science
Course: Legal
Keywords: Property law (property law) Acquired in good faith (acquisition in good faith) Elements (elements) Right disposition (ex right disposition) Publicity principle (principle of public summons)
CLC: D923.2
Type: Master's thesis
Year: 2009
Downloads: 505
Quote: 1
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Abstract


Acquired in good faith system originated in the Germanic law , the principle of \The system was originally conceived in order to protect the transaction security to adapt to the needs of the increasing development of commodity production and exchange , the system played a positive role to improve transaction efficiency , reduce transaction costs . China 's Property Law Section 106 of the formal establishment of the bona fide acquisition . As an important system of property law as well as civil law , the bona fide acquisition is the inevitable outcome of China 's civil legislation , and socio-economic development . Establish and perfect the system to help people build ethical values ??, to maintain the transaction security , stability, social transaction order to promote harmonious and stable development of China's socialist market economy . Author predecessors accumulated research results , combined with a legislative overview of the countries in the world and the actual situation of our country , made ??a number of shallow views , hopes to play a positive role to be beneficial to the bona fide acquisition . This paper consists of five parts , the first part of a bona fide acquisition of the concept , history and existence of the theoretical basis and institutional value , the part that acquired in good faith that the system is accepted by most countries , its existence has to promote economic development practical significance; second part describes the constituent elements of the bona fide acquisition , pointed out that the transfer of the right disposition , assignee of subjective well-intentioned , transfer and completion of the publicity of the property rights acquired in good faith of the four elements at a reasonable price paid , lack of one can not ; the third section discusses the special case of bona fide acquisition of the special case refers to the application of the lost property and stolen goods acquired in good faith , and made a national legislative practice , in the comparison of the study of bona fide acquisition of less than Department; fourth part through changes in rem , the burden of the original rights and the rights of indigenous people request the transfer of the right acquired in good faith the force of law ; part V discusses the bona fide acquisition theory Bona Fide Acquisition innovation in China 's property law on the basis of summing up , and needs to be improved at

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