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Right Disposition - On China's \

Author: YaoXiaoLi
Tutor: JiLiGang
School: Fudan University
Course: Legal
Keywords: Unauthorized Disposition Validity of the contract Property changes
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 705
Quote: 1
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Unauthorized disposal system is the civil law in the context of an important system. Meanwhile, the right disposition civil law legal effect problem is also one of the highly controversial issue. In view of this, this paper attempts to right disposition as the core, basic theory, extraterritorial practice, the depth of excavation and unauthorized disposal system connotation practice, a combination of different legislative model analysis of the question of the validity unauthorized disposal system. This specific structure is as follows: Firstly, the burden of what is the concept of behavior and disposition has defined its meaning from the right disposition constitute two fundamental dimensions of a systematic combing, cf analyzed the property formalism , debt and debt formalism meaning doctrine legislation, such as different modes right disposition inherent meaning. In the Property formalism legislative mode, the right disposition refers to the disposition of the subject matter of the parties is not carried out, to cause property changes the subject matter for the purpose of Property Act; meaning doctrine in debt and debt legislative model formalism , the right disposition refers to the disposition of the subject matter of the parties is not carried out, in order to cause property changes for the purpose of debt contract. No right to dispose of the implementation of the constitution, including actors disposition, disposition and behavior of people without people with no right to dispose of private property in his own name three elements. Secondly, this paper Germany, France, Switzerland and extraterritorial legislation of Anglo-American law as a research vehicle, combined with their respective legislative environment and background, refining the legislation issued common logic and ideas for the clarity of the construction of unauthorized disposal system provides fall trajectory and veins a certain degree of reference. Individual country circumstances, such as the difference between historical tradition determines the original solution to this problem has a very different morphology. However, with the increasingly developed economic exchanges, various countries have increasingly recognized the simple negation unauthorized disposal contract would undermine the effectiveness of the stability and security of the transaction, the world of unauthorized disposal problems identified directly reflects the effectiveness of national trading order maintenance and care. With that in mind, French civil law provides for a right disposition contract is invalid, but through the system of chattel instant access provisions safeguarding the interests of third parties, to protect the transaction security; while Germany, China and France through the recognition of post-acquisition or disposition to act Ratification to supplement the right disposition effect, protecting the interests of third parties, maintaining the transaction security and flexibility; while Switzerland is given in recognition of the right disposition evaluation, transaction security and safeguarding the interests of right holders. Again, this will not be entitled sanctions regime and the Innocent, unjust enrichment and other related systems from various angles comparative analysis, comparative analysis formalism in property, debt and debt formalism meaning doctrine legislation, such as different modes with the right disposition the relationship between them, efforts to clarify the unauthorized disposal system throughout the civil law system in the position, but also for the later analysis of the relevant system contract law provides the corresponding theoretical premise and foundation. Finally, the article discusses settled in overall effectiveness of the system of unauthorized disposal problem. By summing up China's current system of sanctions on the right kinds of questions the effectiveness point of view, for the unauthorized disposal system and the Innocent, warranties and other related relationship between legal systems elaborated, pointing out that China's \contradict the principle of freedom of contract, the contract is invalid in vain to increase opportunities and difficult to coincide with other civil law system, and in this study on the basis of a sound system of unauthorized disposal route.

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