Property is a modern civil law system, a basic concept, but refers to the effect of property changes the legal relationship between the occurrence of property, change and destroy. Since the absolute and exclusive property and other basic characteristics of the transactions in the real world often occur during the actual status and the rights of the rights of publicity out of status inconsistency, so the effect of changes in property may often have a third party a certain extent. At this point the third man, if I do not know the real rights in the state of reasonable reliance on the appearance of power, then the third is known as bona fide third person, he has made legal terms of the objectives for transaction security laws should be protected, this point is reached by the modern civil community consensus. Real change is therefore the core issue of property rights legislation is one of the interests of bona fide third party protection is an important part of changing property.
This universal common in modern civil law protection of bona fide third types of theories and systems for the study, combined with the principle of civil law and property law knowledge, comprehensive use of literature, qualitative analysis and comparison of other methods, according to property changes The basic theory and civil law definition of bona fide third party based on changes in property rights protection from the bona fide third of the three basic system and theory, the collection of domestic related literature and the data were Systematic Analysis summary from the three basic system and theory and their connection to start, how to be more comprehensive and effective, objective and impartial third party in good faith to protect the interests of research, interpretation, and finally put forward their views on this issue. This paper discusses the following three parts:
The first section outlines the basic concepts of property changes and the definition of bona fide third person. This section is intended to provide a conceptual background for this article, through the property changes and related concepts such bona fide third presentation, and then changes in property rights in the protection of bona fide third party to analyze the importance and necessity for This article discusses the basis for future expansion.
The second part of the detailed changes in the modern civil law protection of property interests of bona fide third of the three existing theories and systems. This section will not because the theory of property rights, the principles of Public Credit and the Innocent described separately, to study these theories and systems as well as their definition and connotation of the third person in good faith on the protection of their reality effect.
According to the second part of the third part of the research results, theories and systems of the three comparative study, from the Innocent and the relationship between the principles of Public Credit and the Theory of Real Rights and controversial aspects of the reality of existence of their respective pros and cons of further proposed changes for the protection of property rights system of bona fide third choice of individual proposals.
The real right is modern civil law system in a basic concept, but real change effect is refers to the real right legal relations occur, alteration and destroyed. Due to the real right has the absolute and exclusive basic characteristics, in reality of transaction process we often appear real rights status and public out the right conditions inconsistent circumstance, so the effect of real change will often produce certain effect to the third party. At this time of the third party if it is not real rights in the state of power appearance, then this the 3rd person reasonably relied on called a third person in good faith, he made legal act from transaction security purposes view is should get the protection of the law, which is also the modern civil law circles agreed consensus. So the real right legislation real change is one of the core problems, and protect the interests of a third person in good faith real problem is that the important content changes. Based on modern civil code general generic categories protection third person in theory and system as the research object, the union of civil law principle and property law knowledge, comprehensive use of documentary research, qualitative analysis and comparative research methods, according to the basic theory and the real changes in the civil law for a third person in good faith, on the basis of the definition of property rights protected in change from third person in three basic system and theory, collects the domestic and foreign related literatures, the data analysis, sorting summary from three basic system and the theory of difference and relation obtains more comprehensively, on how to effectively, objective and fair to protect the interests of a third person in good faith to research, interpretation, and finally put forward his opinion about it. This paper discusses from the following three parts: The first part Outlines the basic concept of real right change and the definition of a third person in good faith. This section is designed to for this paper provides a concept of real right background, through the change and a third person in good faith and other related concepts introduced, then the rights in rem changes to a third person in good faith to protect the importance and necessity of analysis for this article after discussing lay the foundation. The second part of the detailed narration modern civil law of real right changes to protect the interests of the third party three existing theory and system. This section will WuYinXing theory, fair show real advisors principle and good faith acquisition system respectively, this essay aims at study these three theory and system of their respective definition and connotation of a third person in good faith and of their respective protection realistic effects. The third part according to the second part of the research results, the above three theory and system comparative study, from the good faith acquisition system and earring through principle of public summons relations and the reality of the real right behavior WuYinXing theory analysis of their respective dispute two aspects the advantages and disadvantages of existing, thus further puts forward for property rights protected in the third person changes institutional choice personal Suggestions.
我可以帮您翻译 北京京典佳文翻译有限公司
内容全部来源于网络收集，如有侵权，请联系网站删除：QQ：24596024