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The Research of Possession Reformulation in Property Law

Author: ZuoTieZuo
Tutor: LiRenYu
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: possession reformulation possession property right
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 128
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Abstract


As one of the means of payment,possession reformulation' dissertation">possession reformulation is also one of intangible delivery,which brings convenient and agile transaction. Our national property rights law confirms possession reformulation. But this confirmation also brings the collision between possession reformulation and principle of summons in public. This article aims to discuss the disadvantages of this regulation, and to improve this and correlative regulations.The author believe that even in order to ensure the high-speed of transactions,it is not necessary to completely abandon the formalism. Property Act Theory is the derivative of formalism. Although Property Act Theory is not recognized by the mainstream theory of our country,it still has rationality. The ultimate goal of Property Act Theory is simply to ensure that property rights can be transferred in the most stable way,and not rely on the subjective intention of the parties which can be changed at any time. According to Property Act Theory,a effective property transfer need not only the agreement of both parties,but also some external visible means such as the payment or the delivery of subject matter.Therefore,possession reformulation can reference some view of Property Act Theory,to make the certain external visible means as the landmark of the delivery of movable property. The author believes that it is reasonable to make the time of payment as a landmark of the delivery of movable property when the trading mode is possession reformulation. It could protect the rights of the seller much better,in addition,it urges the buyer to fulfill payment obligations actively.Through text analysis,the author suggests to amend the article 27 of the Property Law of our country.

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