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On Acquired In Good Faith

Posted on:2009-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:X S ZhaoFull Text:PDF
GTID:2206360272471531Subject:Law
Abstract/Summary:PDF Full Text Request
Bona Fide Acquisition is a way to acquire ownership. Laws related are different in each country and lacking of uniform and transparent support, due to the diversity of policy, economy, culture and history. Therefore, it is an important system in Real Right Law, which was focused on by Civil Law scholar at home and abroad. Bona Fide Acquisition System, illuminated in current Real Right Law, takes an important role in keeping exchange safe, protecting third party's benefit and social public interests. In this paper, contents need to be emphasized including the establishment, formation, the theoretical basis of Bona Fide Acquisition system, and difference of that at home and abroad. Besides, there are many issues in the main body, construction requirements, legal effect and object of such system. According to china national condition, the author puts forward some view of Bona Fide Acquisition System and expects that it is benefit to construct such system with china characteristic, through comparing current law abroad and views of different scholar.Real Right Law of the People's Republic of China was enacted on October 1st, 2007.The author holds that regulation related has practical significance in new Real Right Law.In this paper, Bona Fide Acquisition System, from the history of that, was researched at home and abroad and compared with each other. Furthermore, theories are proposed about Real Right of Law and Fact Right of Things, which are researched and analyzed. That system about personal and real property are analyzed, compared and integrated from the point of Real Right of Law and Fact Right of Things in order to find the law support in china. Further research has been done about the new connotation, meaning, value basis, theoretical basis, construction requirements and legal effect. It is holded that current Bona Fide Acquisition System is general and unspecific, which is needed to do further regulation about corresponding measure. Opinions about Bona Fide Acquisition are posed including how to define Bano Fide, major body and object, real property, thief booty to inspire research and application about current Bona Fide Acquisition System in china.
Keywords/Search Tags:Bona Fide Acquisition, Bona Fide Acquisition System, Real Right of Law and Fact Right of Things, Construction Requirements
PDF Full Text Request
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