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Real Estate, Innocent

Posted on:2006-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:J GuoFull Text:PDF
GTID:2206360155969738Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The good intentions obtain, and then call that obtain immediately, mean to have no business the assignor of punish the others property illegal let the others property and buy to be subjected to the person after, if buy to be subjected to the person to fasten to proceed from the good intentions while obtain that property, then obtain that property rights, the original property owner can not request to buy to is return by person to return, but can request the assignor to make up for loss only. It is an important contents of the modern civil law real right system that good intentions obtain, involving the dynamic safety protection that the quiet safety and properties of the civil law property rights trade, is a kind of with sacrifice the property of quiet safety for the system of the dynamic safety of the price but the protection property. As for good intentions obtain the system usage to trade in the movable property, all countries lawmaking all does not hold the objection, but deny to also go it to used for the real estate bargain effectively, all countries civil law then rules different. Study in the theories up, whether the scholars obtain the system to the establishment real estate good intentions or not, is also a different people, different views, the opinion is hard to unify. The real estate trade medium whether adoption the good intentions obtains the system because the real estate has to the national policy people's livelihood great significance, the law provision affirmation concerning real estate is the point contents of the real right method that the our country will soon draw up, the method of using problem of anything but a law word, but the problem of a lawmaking system, the choice problem of a system, the meaning is really important. Therefore, obtain the basic theories problem of the system to carry on the study to the real estate good intentions from the our country real right lawmaking angle now, is very necessary.The full text is total to is divided into five parts. Ex-two partses are an introduction that obtains the system background knowledge to the good intentions. Include the history origin and development of that system and in big six methods fasten and British and American methods fasten national lawmaking of concrete provision, and the goodintentions obtain the lawmaking foundation of the system. The third part is obtains the system to the good intentions in the our country lawmaking of development and current concrete provision. Four-part cent then thorough study and analyze concerning the real estate whether be applicable to a theories rift for the good intentions to obtain the system, and put forward the real estate to be applicable to the good intentions obtains the system of theories foundation and system foundation. The fifth part then obtains concrete design of the system to the real estate good intentions.The first part: the good intentions obtains the history origin and development and the comparison method researches of the system. Should be part of detailedly introduced the good intentions to obtain the system to fasten the national and British and American method in big six methods department nation of history development, and to representative's nation that two greatest methods fasten concerning the good intentions the lawmaking that obtain the system made the introduction.The second part: the good intentions obtains the lawmaking foundation of the system. That part compares to analyzed the good intentions to obtain the social economic foundation, theories of the system detailedly according to and system value. Obtain the system to lay the foundation for the further nalytical real estate good intentions.The third part: the good intentions obtains the development in the lawmaking and current related provisions in our country of systems. Should be part of to mainly introduced the good intentions to obtain the system in the our country of concrete development process and current related provision concerning law. The real estate good intentions obtains the system to set up. Should be part of first to the our country currently academic circles concerning real estate whether was applicable to a theories rift for the good intentions to obtain the system to make the introduction, and made the analysis to this to put forward own standpoint at the same time. Immediately, the author clarifies the real estate to apply the system foundation, the theories foundation and establishment real estate good intentionses for the good intentions to obtain the systems to obtain the necessity of the system in a specific way.The forth part: the real estate good intentions obtains concrete design of the system. Those part of authors obtains the system to apply the scope and constitute important item and three aspects of the law result to obtained the system to make the concrete design to the real estate good intentions from the real estate good intentions.
Keywords/Search Tags:the good intentions obtain, the movable property, the real estate, occupy, register
PDF Full Text Request
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