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Stolen goods in good faith to obtain research

Author: ZhongWeiJie
Tutor: WangQuanDi
School: Fudan University
Course: Legal
Keywords: Acquired in good faith Booty Moral judgment
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 169
Quote: 1
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Abstract

In the early stages of the birth of the commodity economy, economic exchanges are generally limited to the parties to the transaction where the small-scale world exchanges is simple and convenient process. With the advancement of technology, the commodity economy developed, property turnover breakthrough original spatial and temporal and geographical constraints, the touch, the world commodity circulation security has become the focus of widespread concern of the legal profession. Raise any human rights at bona fide purchaser of property after the legitimate rights of bona fide acquisition in order to protect the well-intentioned buyer in several times of the evolution of the legal provisions established. Property rights protection from \However, due to the limitations of the development of the times, the shackles of traditional morality, the source of illegal trading of stolen goods for a long time can not be applied bona fide acquisition, while maintaining traditional values ??to limit the social transactions conducted in a precarious social transaction state. To solve this problem, to break the transaction bottlenecks, give full play to the bona fide acquisition of considerable economic significance, I think we should face up to the changes in the development of the objective external environment, rapid re-examine the bona fide acquisition of stolen goods NA reason, on this basis recognition on wide range of bona fide acquisition of stolen goods. The paper is divided into four sections, organized as follows: Chapter summarized narrative bona fide acquisition. The author describes the analysis of the bona fide acquisition protection theory and Germanic law \down Subsequent bona fide acquisition Elements and there is a basis for acquired in good faith to others a part of the original made, have no right to occupy the property rights appearance to appearance, in good faith buyer transactions based on this representation and the person in possession relationship of the original ownership of the property, the rights transferred is protected by law. In real life, bona fide acquisition maintenance of normal trade order to reduce the waste of social resources, and promote the development of the commodity economy. The second chapter analyzes the stolen goods acquired in good faith under a different legal system problem. In the introduction of stolen goods acquired in good faith, we must first clear the concept and scope of the stolen goods to define the characteristics of the stolen goods, stolen goods specific substances, not including the various rights, the substance obtained through illegal means, possessory possession The property has illegal properties. On to treat stolen goods problem, our laws reflect the changing and capricious phenomena, different periods, different legal provisions of the goodwill of stolen provisions are inconsistent, showing general confusion like to read. The former Soviet Union and other countries of the stolen goods to take the absolute NA acquired in good faith handling blindly pay attention to the protection of property \In Japan, France, Germany, Switzerland and other countries recognize the stolen goods in general apply to bona fide acquisition, to exclude the application of special circumstances. This approach not only play the advantages of a bona fide acquisition, but also fully consider the complex commodity trading, and is recognized by the majority of countries. Old capitalist country in the United States, Italy, the United Kingdom, the stolen goods completely applicable to bona fide acquisition, this extreme approach widely questioned attracted scholars from mainland China. Chapter my point of view: bona fide acquisition of stolen goods should conditions applicable. The reason does not agree booty for acquired in good faith, and some scholars believe that the loss of material due to the original owner neglect of custody, should not their protection. Some scholars believe that the possession of a detachment was not dominate the risk of lost power, should protect their interests, can not apply to bona fide acquisition. Some scholars believe that the stolen goods acquired in good faith is a threat to traditional moral, and should not be supported, and some scholars believe that the stolen property is just a huge deal in a small part can be negligible, do not have specifications with a special ordinance. For these views, I have eleven to Comment draw negative conclusions. Stolen goods applies in good faith to obtain a of property law publicity public letter principles embodied civil law equitable principle of inevitable requirement, maintenance transaction security, stable transaction order the necessary, should the legislation explicitly propose stolen goods can be applicable to acquired in good faith, is only in exceptional circumstances, such as monuments, only objects can not be applied in good faith to obtain. Applicable criteria to pay attention to the well-intentioned. Made phenomenon, and the same applies to the acquisition in good faith for the look back. Chapter I to perfect our stolen goods acquired in good faith to make some suggestions. First, from the strategic level, as soon as possible in the form of legal provisions explicitly bona fide acquisition of stolen goods applies. Second, the provisions of the right to reply request according to the changing situation. Third, pay attention to the protection of the original rights holders.

Stolen goods in good faith to obtain research

Abstract

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