Dissertation
Dissertation > Political, legal > Legal > UNIVERSITY > China and France

Real Property in the Protection of Third Party

Author ChenYingDong
Tutor LiMingFa
School Anhui University
Course Legal
Keywords real estate property changes third party protection publicity credibility Innocent
CLC D913
Type Master's thesis
Year 2011
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This article discusses the protection of the third party’s interest during the course of transference of property. The third party’s interest represents the security and order in transaction.In order to protect the security and order in transaction, the third party’s interest must be protected. As fact as transference of real right is concerned publication principle, indication principle, bona fide acquisition and principle of the abstraction of the juristic act of real right all can protect the security and order intransaction.Chapter 1 elaborates the function of publication principle, indication principle, bona fide acquisition and principle of the abstraction of the juristic act of real right.The function of publication principle is to public the real right through possession and registration. The abstraction of juristic act of real right" protect the security and order in transaction because this principle can decrease the effect of the creditactn.Chapter 2 comparative analysis of Germany, Switzerland, represented by changes in property rights and the legislative model formalism to France, Japan, represented by the meaning of Marxist legislation to protect the third person mode, the system settings are different. In comparison, the legislative model formalism under the stress of a particular appearance of the property changes made in the form of decisive influence on the motivation of the most fully known to the public, on this basis also established the right of publicity means presumption of validity and correctness of credibility, to establish the Innocent. Property rights legislation in the German mode formalism established the principle of property act without reason, formalism of transaction security protection legislation has a clear, full, simple advantage. Meaning doctrine legislative model has a complex protection of a third person, although it helps to protect the transaction in the third person, but the institutional arrangements in the protection of transaction security is not very clear and complex. Chapter 3 elaborates the connection among publication princ pie, indication prineipie,bona fide acquisition and princitle of the abstraction of the juristic act of real right The theory of bona fide acquisition is based on publication principle and indication principle. So we can draw a conclusionthat the publication principle and indication principle and the bona fide acquisitionmust be adopted to protect the third party’s interest. The principle of the abstraction ofthe juristic act of real right can’t be adopted when we safeguard the security intransaction and the third party’s interest.

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