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Rights - seeking institutional design harmony warranty system research

Author: LiuJiHong
Tutor: ZhaoXuDong
School: China University of Political Science
Course: Legal
Keywords: Warranty against Defects System Research System design Harmony Unauthorized Disposition Lien Impossibility of performance Protection of intellectual property rights From the beginning can not be Catch force
CLC: D923
Type: Master's thesis
Year: 2001
Downloads: 321
Quote: 1
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Abstract


The wording ideas: the traditional theory of the rights set forth in the warranty system targeted analysis and demonstration of in the rights defective cases within the civil law system adjustment system integration attempt and demonstration rights warranty as non-necessity of an independent system. This article is divided into three sections of six chapters. The first part of the first chapter, the second part of Chapter II Chapter, the third part of Chapter VI. The first chapter is leads to the argument object. Simple introduction to this chapter, the rights of the traditional theoretical system of warranties, including the warranty system origin, content, theoretical basis, characteristics, theories and practices status quo. The second part accordingly warranty on the Rights of the contents on the first chapter describes the traditional discourse. The second chapter of the rights of defect rights do not exist is does not exist for the right to right to defective analysis. The distinction of the rights of warranty and breach of contract is based on performance can not can not the subjective, objective, from the beginning can not thereafter can not be divided. Therefore, this chapter first analysis to perform can not be the problem, that fulfill not the contract is not invalid, and the treatment should be based on the theory of meaning defect. As a result, the beginning and thereafter can not can not can be incorporated into the general system of liability for breach of contract, without the need for a separate independent warranty system. The second part of this chapter elaborate on the rights do not exist like the state and the effect, specific front of conclusions. Chapter rights defective right disposition and the right disposition is the extreme case of the flaws of the rights, made a brief introductory chapter first made the right disposition and goodwill of contract law, then, the right disposition provisions of the civil law provisions of other countries compared to that based on our current contract law provides the right warranty can not be applied on the right disposition. Then, the distinction between the behavior of real right and creditor behavior and the case does not distinguish between the rights of the defective status: not distinguish contract undetermined effect; distinction can apply to bona fide acquisition. In either case, are not space rights defective applicable. Subsequently, the analysis of the rights trading right disposition. The fourth chapter of the Real Right chase and force and the rights of defects are discussed for the security interest attached to the material in the traditional rights of warranty. This chapter first on the property rights of the chase and the masterpiece of a brief introduction, that for the real estate, mortgage can based on the credibility of the real right has to recover and force; bona fide acquisition for real estate mortgage even if registration also must not chase and in good faith the subject people. Then, the chapter on the status of the tripartite collateral assignment. Finally, hypothec recourse rights defective description, think that the traditional warranties theory \The subrogation doctrine of the price of gold can be adopted for the chattel mortgagee mortgagee for the purpose of relief. The fifth chapter of the protection of intellectual property rights defective attached to the infringement of intellectual property rights of others focused on the traditional rights of the warranty on a case in two situations: the transfer of intellectual property itself and attached to intellectual property was transferred obituary The perish described. Considered traditional rights Defective guarantee system appropriate Chuan space the intellectual property of the third party claims. Like this is not enough to become a stand-alone system. Then this chapter discusses the issue of parallel importation, that the rights are exhausted is a fictional topic; parallel imports can not fight against the legitimate rights of the buyer. The sixth chapter of the rights of the third part is the conclusion of this article the flawed research Qiao A guarantee Shantou neutrality; benefit obligation from the contract of view, \part of the benefit obligation, the well does not have a \Second, even if the in 'I meteorite defect, is also applicable to incomplete payment theory. Then discusses the rights of flawed) the lazy thinking flawed relationship as well as the theoretical basis rights Jfs defect, that it is a quest the parties really lazy contract interpretation questions. Finally, as is not completely covered part of the claimed composition and effect of the flaws were analyzed. The flawed constituent elements of the right: (1) contract; (2) has been delivered or a transfer of rights; the ③ attached rights against the rights of the buyer; the ④ buyer non-malicious. In effect, discusses the difference between rights amortization defect was Jfl defect; rights flawed effect that should first require to fill a continue to perform, and then only to damages or rescind the contract; Exclusion of liability and heavier; aging that should be appropriate the Sichuan and general breach responsibilities servant same aging.

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