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Real change in the interest of protecting the thir

 
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PostWysłany: Czw 22:09, 07 Kwi 2011    Temat postu: Real change in the interest of protecting the thir

Real change in the interest of protecting the third method of comparative analysis


Not as profit. Whether a person is good in the third on the way with the presumption, Commodity economic development needs arising from a rule of law, the parties acquired in good faith to protect the trading transactions made based on the interest. Has been recognized by the majority of civil law, and became an important civil law system. Relative theory of property without Cause, the Innocent has certain advantages. Bona fide acquisition to achieve and Real Rights of bona fide third theory of the same protective effect and does not protect malicious third party. If a contract of sale has been revoked or invalid, the buyer fork to transfer to a third party the subject matter. Bona fide acquisition by the buyer does not obtain ownership of, and become no right person, third person who is well-intentioned, can obtain title to the subject matter, made of non-ownership is not in good faith. While the non-sexual theory. First determine the validity of Property Act, if ineffective, then the third person in good faith can not provide protection; if valid, a malicious third party can either take ownership of goodwill and have back the spirit of the Civil Code. Public Credibility Principle and the Innocent have many similarities, but both apply to the elements is different. Innocent movable property is mainly because of possession of movable property to the principle of publicity, by delivery of possession occurred in the transfer of movable property. Thus completing the Real Right of publicity methods. For real property, the theory of judicial practice and civil law has consistently held that transfers of real estate registration transfer system. Vested rights and therefore is very obvious. Acquired in good faith but do not have to be special protection for transaction security. If the real property registration error occurred, the third person in reliance on registration and registration of transactions recorded in the right person has generally good access to the system does not apply, and apply public trust principles. China's Civil Law, though not specifically provided in good faith to achieve a system, but the system is in fact already adopted by our judicial practice. Judicial practice in the 92 * of Good for the application of the system limited to a total of property of illegal actions. And not extended to the transfer of the property; for the people to limit non-owner and part-owner, rather than the bona fide acquisition abroad is no right under the person; good way to get paid is limited to obtaining not apply to property acquired free of charge. Therefore it is necessary for China's property law in good faith to achieve a system to perfect the concept of acquisition in good faith, elements, effects, and to make general provisions. IV, Conclusions and Outlook: The Public Credit, good access to the system to achieve the protection of a third person said Mr. Wang Zehuo. The relationship between debt-based property changes that occur, the legal system to be taken to legislative policy, it must meet three basic conditions,[link widoczny dla zalogowanych], first, does not violate the essence of legal acts; second, to balance the interests of the parties; the first, is conducive to maintaining security of transactions. Through the above analysis, the theory of property without Cause fragmented delivery, registration and the reasons for the relationship between behavior, although the emphasis on the protection of the buyer and have neglected the protection of the seller, the third person in cases of bad faith, but also obtain ownership of the subject matter, but also contrary to bona fide acquisition of ownership and does not comply with the legal principles of ownership achieved. Support the principle of public trust and good publicity to achieve a system able to provide adequate protection against the third, the other Real Rights and to avoid memory system design of abstraction, and modern property values ​​change more in line worth of property legislation adopted.


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