Font Size: a A A

Inquiry On Some Issue About Bone Fide Acquisition

Posted on:2003-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:S G MaFull Text:PDF
GTID:2156360065960466Subject:Law
Abstract/Summary:PDF Full Text Request
The Bone Fide Acquisition is important system in each nation's civil law in modern times.Each nation's civil law in both Civil Law System and Common Law System has some provisions about the acquirement in Good Faith.In Chinese history,we ever had the system of acquirement in Good Faith in Civil Law.Now,the Civil Law in Taiwan still regulates it.As Chinese private law,General principles of the civil law doesn't mention it.With the development of Chinese socialist market-directed economy,we must regulate the system in Good Faith in jus rerem.The effective conditions of Chinese applying the system :assignee must be bona fide to acquire the property ,the assigor must have no power to dispose the property ,the property of acquiring in good faith must be allowed to circulate by law,the assignee must acquire the property by change,the property of acquire in good faith is mainly movable,but in special circumstance,it can be real estate even credit right.Applying the system has apremise of acquireing the chose compensated.Only has the effctive conditions of the system,the acquirement in good faith will take place.While a period of restituting should be provided about the breakaway chose in possession,such as booty,lost property,forgotten,property acquired by mistake and so on.When it goes beyond the period,the possessor will decided have the ownership of gengral breakaway chose in possession such as booty,lost property.Only when the bona fide assignee acquire the chose from auction place public market or themarehant who peddle the some kind of the chose,close it apply the provisions of restituting compensated.The money and bearer papers can't be restituted.
Keywords/Search Tags:Bone Fied Acquisition, Evolution, Effetive conditions, Legal Effect
PDF Full Text Request
Related items