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On The Contract For Transferring Water Rights

Posted on:2008-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:C F ChenFull Text:PDF
GTID:2166360242478436Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China is one of the thirteen most serious water shortage countries in the world. And water shortage has become an important factor restricting our countries'economic and social development. However, the planned economic thinking has dominated the distribution of natural resources in a long period, which seriously constrained the efficient allocation of water resources. As the economic means of efficient allocation of water resources, water rights and water rights market has become the common thinking among people. And the water rights market is based on the system of the contract for transferring water rights.The article investigates the specific content of the contract for transferring water rights. Besides the preface and the conclusion, the article is divided into the following five chapters:Chapter one is the definition of water rights which is the premise of transferring water rights. The chapter analyses the differences of water rights'definition among academe, and elaborates the characteristics and the nature of water rights. Water rights mean the owner's rights to utilize and profit from surface water and ground water.Chapter two analyses the relations between water rights transfer and the contract for transferring water rights. And the chapter elaborates the characteristics of the contract for transferring water rights and the differences with other contracts. Chapter three researches the positive and negative effects of water rights transfer. On the one hand, water rights transfer brings the efficient allocation of water resources. On the other hand, it also brings the risk of environmental damage.Therefore, many countries has stipulated on water rights transfer. In order to protect the public interests and the third parties'interests, the contract for transferring water rights should be oriented on the contracts for the benefit of third parties. Chapter four researches the contents of the contract for transferring water rights including subject, the targeted matter, the making of the contract and the validity of the contract.Chapter five reasons how to make the contract for transferring water rights as a statutory contract. And the chapter analyses the legislation of water rights transfer in China, and gives some suggestions on legislation of constructing the system of the contract for transferring water rights.
Keywords/Search Tags:Water Rights, Water Rights Transfer, Contract for Transferring Water Rights
PDF Full Text Request
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