Studies In Buyer’s Protection Rules

Research on China’s "property law" of buyer’s protection rules, plays an important role in security of transactions, trading convenient etc.. This paper starts from the angle that the assignor has or has no right, has analyzed respectively when the assignor has the right or has no right, that "property law" works for the protection of the buyer.Combined with the common law in the relevant regulations and rules, analysis the advantages and disadvantages of the existing system, trying to take the wheat from the chaff.This paper is divided into three chapters, including:The first chapter discussed about the instance of legislationthe alteration of real right change, and analyzed the causes and types of real right change in different pattern, introduced the existing pattern of real right change in China, and gave a new definition on the legislative mode about real right change.The author analyzed the advantage of registration of confrontation theory to protect the buyer’s interest,and put forward that we shoud distinguisn between property of the facts and property of law.The second chapter analyzed how "property law" protect buyers when the assignor has no right actually. Real credibility principle focus on the "credit", is the legal protection for good faith reliance interests of the buyer. The system of bona fide acquisition focus on the "good faith", when the buyer has possessed goods in good faith, bona fide acquisition system works to protect the buyer of the vested interest, which is conducive to encourage trade, to promote the circulation,and to ensure the safety of the whole trading. In addition, the author in this chapter mainly talked about the bona fide acquisition on the lost property. The author thinks, the lost property should apply the bona fide acquisition system. Under the condition of market economy, once lost property enter into the market,the property is likely to be repeated sale, if the buyer’s interests are not protected in this series of transactions, it’s not conducive to market transactions in an orderly manner. So, the author modified the 107th article in "property law". This chapter analysed the development course of buyer’s protection rules in Anglo-American legal system, respectively introduced the openning market principle, revocable principle of ownership, the adversarial nature of bona fide purchase and it’s commercial, the uniform commercial code, in the hope that our property law can get reference from them when we improve the buyer’s protection rules.The third chapter describes when the assignor has right actually, "property law" can protect the buyer’s vested interest through the theory of abstract principle on the act of real right and rules of buyers in ordinary course of businessrules. The abstract principle on the act of real right separated real right from creditor’s rights, if tcreditor’s rights is cancaled or invalied, the act of real right is not affected by the act of debt at this time,so the result of the change of real rights has the legitimacy of the law, and the buyer is legally acquired ownership in the transaction.Rules of buyers in ordinary course of businessrules rules can protect the interests of the buyers away from the previous limit of mortgage.In addition,this paper compared the difference on buyers in ordinary course of businessrules rules between "property law" and "the American Uniform Commercial Code", and put forward some suggestions on the related system of "property law".