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On The Acquisition In Good Faith

Posted on:2011-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:M Y XiangFull Text:PDF
GTID:2166330332973391Subject:Law
Abstract/Summary:
The Innocent is an important system of civil law, but also to obtain ownership of a specific way, to stabilize social and economic order, maintain a normal commodity exchange, and promote the development of China's socialist market economy has a special significance. Innocent originated in the Germanic Law "hand-hand" principle, has now been recognized by civil law countries. Innocent is generally divided into movable and immovable property acquired in good faith acquired in good faith. Although property acquired in good faith of "property law" required by law, but not the mainstream of good access to the system, this temporarily is discussed.Movable property acquired in good faith is the main legal elements required to obtain property for the grantor must be the person in possession of movable property, the grantor should have no right to dispose of, the transferee shall pay a reasonable trade practices based on the price of movable property to be the transferee tran feree for the good, the subject matter of the transfer of registration or transfer should be completed by the delivery of other constituents. At present in China, "Civil Law", "property law" has the corresponding provisions of other laws and regulations. The "Property Law" in Article 108 have clearly stipulates:"After the good faith transferee of personal property, movable property of the original rights of the disappeared, but the assignee in good faith when the transferee knew or should have known, except that right." Current, in good faith to achieve a system there are also some shortcomings, the following were discussed in good faith to achieve that on the legal system.
Keywords/Search Tags:Innocent, goodwill, property
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