Dissertation
Dissertation > Political, legal > Legal > Chinese law > China and France

On Unauthorized Disposition and the Innocent conflict and resolve

Author NiuYun
Tutor YangLiZhen
School Northwestern University
Course Law
Keywords Unauthorized Disposition Acquired in good faith Behavior of real right Creditor behavior
CLC D923
Type Master's thesis
Year 2011
Downloads 263
Quotes 0
Download Dissertation

Right disposition and acquired in good faith are two important system of civil law , the provisions of the existing laws have on system . The two regimes there are many conflicts in our civil law . The conflict is rooted in two closely linked system of set theory foundation . The right disposition set theory is based on behavior of real right and creditor behavior without distinction , and the theoretical basis of the acquired in good faith set strict distinction between the behavior of real right and creditor behavior . Its legal effect of differences in the basis of the theory of the two systems is very different . In order to solve the conflict between the two , we must uphold the independence of the behavior of thing , the creditor behavior strict distinction between the behavior of real right . Right disposition and the burden of behavior should apply the relevant provisions of the debt . According to the general principles of the debt , as long as both parties is the proper subject , the meaning of that is true and there is no other illegalities , no right to dispose of the contract should be a valid contract . The behavior is the behavior of real right acquired in good faith , shall apply the relevant provisions of the Property Rights . Our civil legislation does not recognize the independent existence of the behavior of thing , therefore , the recognition and application of the theory of the behavior of real right is a fundamental measure to solve the right disposition contract and the Innocent institutional conflict .

Related Dissertations
More Dissertations