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Research On Expansion And Restriction Of The Scope Of Application Of Bona Fide Acquisition

Posted on:2017-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiaoFull Text:PDF
GTID:2296330485966670Subject:Civil and Commercial Law
Abstract/Summary:
Right balance as static and dynamic security transaction security on the civil law legal product, from birth to bona fide acquisition system which generates code in the States, and the regime has shown strong vitality, and eventually become a civil law acquired ownership of the special the way. With economic development, manner and content of the transaction has also been a significant change compared to the previous, due to the acquisition in good faith in the system under certain conditions,to sacrifice the rights of indigenous people to secure static Property transactions in line with the requirements of the fast economic development of the times and the needs, the scope of bona fide acquisition also broke the initial expansion to movable and immovable property and other property rights.Although the scope of expansion acquired in good faith with the times, but the traditional classification was departing possession and possession of the commission agent makes the lost property, stolen goods acquired in good faith have long been shut out. Especial ly in our country because of the stolen goods and other criminal law between different sectors of criminal law"too much attention"and"Property Law"has avoided the issue stolen goods acquired in good faith, which makes the stolen goods in the area of civil law rights vested erratic, and shall also varies with time, which not only led to confusion between the legal regulation, but also affected the security and order transactions.From the start of the scope of bona fide acquisition, literature research, comparative research methods acquired in good faith to expand the scope and limitations of the study, the full text of a total of four parts. The first part of the Bona Fide Acquisition origin and development process of the application object to inspect. The second part of the goodwill acquired real estate and other property rights acquired in good faith as an example describes the scope of application of the system to expand its practice. The third part examines the foreign law applicable restrictions for bona fide acquisition and explores the property of lost, stolen goods can become a suitable object made in good faith. Restrictions on the fourth part of the legislative and judicial interpretation on the basis of combing of the lost property acquired in good faith apply rules to improve and stolen goods acquired in good faith implementation of recommendations as a response to the civil law of the relevant penal provisions.
Keywords/Search Tags:Bona Fide Acquisition, scope of application, expand, limit
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