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Bona fide acquisition research

Author: LiuZhiCheng
Tutor: LvMingZuo
School: Zhengzhou University
Course: Civil and Commercial Law
Keywords: Acquired in good faith Theoretical basis Value function Perfection of Legislation
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 237
Quote: 0
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Abstract

Thesis research in good faith to obtain the general theory of the system based on the key issues of the system are discussed, a comparative analysis of the relevant foreign legislation bona fide acquisition, combined with the bona fide acquisition in China's relevant laws and regulations and defects bona fide acquisition mode of our choice and the system should include the core content of the comments and suggestions. Bona fide acquisition movable possession for the purpose of transfer of property ownership or other property setting to transfer possession of the third party acting in good faith, even if the real estate possessor the right to dispose of real estate can still be made bona fide assignee property ownership or other property rights system. The system is based on Germanic law system design basis, and to absorb the elements of good faith in the Roman law made prescription system, thus allowing the formation. After the inheritance and development of modern countries, has become an important system of civil law and common law countries civil law. The system has been able to exist and develop it in the maintenance of the normal order of commodity trading, to protect the interests of the original rights holders, reduce the waste of resources, and the fair and reasonable allocation of risk responsibility to play a material economic utility has a unique value and function. The theoretical basis for debate on the bona fide acquisition a lot, most worth mentioning acquisitive prescription that rights outside like say, the law empowers the said possession protection, said the special provisions of the law said the five doctrines. I believe that the bona fide acquisition existing theoretical basis for the special provisions of the law. Bona Fide Acquisition explore its constituent elements, the legal consequences should focus on research and the problems associated with - possession away from the reply. Study of its constituent elements should include no right to dispose of property possession transferee in good faith, the transferor is the subject matter of property law allows circulation property ownership, the transferee shall be achieved through paid legal acts, the subject matter as chattel five aspects. Once the constituent elements have acquired in good faith based on the the Property Configuration civil law on principles of justice, transfer of ownership, the original owners benefit compensation, and the original owner and the assignee, the original owner and the grantor the legal consequences of a creditor relationship. The NA bona fide acquisition of stolen goods, lost property, lost property, misuse extract possession detachment matter, the original rights holders enjoy free of charge Replies claims, but it should be worth a certain period of time. Material Thieveries Lost Property, such as possession of detachment is a bona fide buyer at the auction place, the open market, or selling the same kind of thing at the businessman to buy the original owner can only enjoy the right to request compensation Reply. The money does not have the personality, bearer securities shall request Reply. Study of foreign legislation on the mode of legislation and legislative characteristics of bona fide acquisition, focusing on the general state law in civil law in Prussia, Austria, France, Japan, Germany, Switzerland, the Civil Code and common law in the Anglo-Saxon Law, Normandy law as well as in Britain and the United States about law examined

Bona fide acquisition research

Abstract

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