- 里论外几
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Fourth, the lost thing
A loss of things can not be acquired in good faith
The owner involuntarily lost possession of the material, the loss of his ownership there is no rationality. For this reason, 935 exclude on stolen, lost, lost things, and for other reasons, in good faith to obtain. Can be seen, according to the expression of 935 on stolen and lost just as the individual applies to the case under the general concept of loss.
The lost do not have (not necessarily in violation of) possession of the people the meaning of possession loss. Just forgotten something generally not lost. Play a decisive role only mean the person in possession. In the case of common possession must be agreed possessor. In the absence of a person in possession to give up possession of the means to constitute a loss, only for him to not be considered by the mean can not resist the compulsory? Here means purely a matter of fact the meaning of full capacity people can have.
Example: If the direct possession of the consent to take up the matter, even picked up a violation of his, he does not constitute lost. The meaning of possession of the assisted person is also not be considered. If the employees of E, F agree stole entrusted to his car, still constitutes a loss, play a decisive role only mean that the person in possession E. Possession assisted person to the outside world performance of an independent person in possession, assignee can believe what he meant.
Once something is missing, not only the first assignee, the assignee can not be acquired in good faith. D will be the transfer of his stolen things from E to H, even if the H transfer to A, A transferred to B, are due to the loss can not be acquired in good faith. E may require the return of B under section 985
2 Despite the loss can still be acquired in good faith
Individual items of particular importance because of their smooth circulation of economic activity, the provisions of paragraph 2, of 935, despite the loss can also be acquired in good faith. These items in addition to coins and notes, including bearer securities, bearer shares, investment shares.
In addition, a public auction on the 383, the meaning of paragraph 3 of special protection where auction items belonging to others, loss of material can also be acquired in good faith. In some countries, the priority of such commercial transactions completely replaced by Germany and France to promote the principle of two principles apply to both in Germany is not.
In good faith without burden to obtain
The loss of ownership of ownership acquired in good faith under the same conditions, the right to limit property rights may be achieved through good faith without the burden of the loss of their rights. This applies not only to the ownership transfer, also applies to the transfer of non-proprietary.
Section 936 provides that the exceptions, indirectly, the person in possession for sale by making the claim for restitution, as long as the rights of people is a direct song of the matter indirectly, the person in possession rights can not lose their rights.
Compensation, debt law
Ownership and the right to limit property rights acquired in good faith, the loss of their rights, but they enjoy the law of obligations on the compensation claim as compensation.
If the transferee in accordance with Section 346,347 and 467,812 articles bear the obligation to transfer ownership of the return of the transferor and the transfer of the ownership of the given people, there is no disposition of the transferor or can not take ownership. Rather, the ownership of a direct return to the previous owner. This can be explained by the restrictive protective function of the 932 and the following terms, these terms only to protect the assignee, without the protection of the disposition of the transferor.
Examples: V belongs to E of the material sold to K and transfer of ownership, K, in good faith to obtain ownership. Return due to material defects K. Under section 467 and 346, he must will things return to the V- Of K had no claim. Although the K 929 will be the ownership of the return of the transfer to the V, E, rather than V direct access to the ownership of the V-ago is not the owner, not just because of the termination of the contract will lose ownership, E, under section 985 requirements V return of K-refundable material.
VII Comparative Law provides for
In France and France can also be acquired in good faith, but the requirements of good faith must be a matter of fact the possession of the material. Lost things can also be acquired in good faith, but to be delivered after three years to obtain ownership.
In Italy and France, acquired in good faith to deliver as a precondition for lost things can also be acquired in good faith, and do not have to wait three years. This does not apply the material, registered in the register and registration material can only be achieved by aging
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- 大鱼炖火锅
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Four, lost thing
1. Things can"t good faith acquisition of lost
If the owner voluntarily lost"s possession of objects, he lost no ownership of rationality. For this reason, the article 935 to exclude stolen, lost and for other reasons that good faith acquisition of lost. According to article 935 of the expression of can see, stolen and lost only as a general concept of the loss of the individual case is under.
Lost is to point to do not have (not necessarily violate) possession of the meaning has lost. Just be forgotten things in general not lost. The decisive role is only direct possession of people mean. In a joint possession case must get all the possessor of the agreed to. If lack of a possessor give up the meaning of possession, for he is a lost in, not only by the resistance of the forced by the formation of the mean to be will not be considered. This means a pure in fact mean, no complete act capacity can also have.
Example: if direct possession people agree with the item picked up, even took the violation of his meaning, he also does not constitute a lost. Has the meaning of auxiliary people also not be considered. If E employees who stole the company entrust to agree to F his car, is still a lost, because the decisive role is only direct possession people the meaning of the E. If possession to the outside world for auxiliary performance a separate possession, assignee can believe he means.
Once something lost, is not only the first assignee, other the assignee can also good faith acquisition. If D him from his E place stolen things over to H, even if H and transferred to A, A and B transfer, due to the loss of good faith acquisition can"t. E can according to article 985 for B returned.
2. Although loss can still good faith acquisition
For individual items, by their smooth circulation ability on economic activity, which has special meaning, article 935, paragraph 2, despite the loss can also good faith acquisition. These goods in addition to notes and COINS, but also include unregistered securities, especially the bearer share certificates, investment shares.
In addition, article 383 (3) in the sense of public auction by special protection, where the auction of articles belongs to other things despite loss, can also be good faith acquisition. In some countries, the business deal completely replace the German method of priority to principle, and in Germany for Boston, two principles and applicable.
Five, goodwill, no burden to get it
People in good faith acquisition of ownership because lost of ownership, under the same conditions of the real right holder may also limit by well-meaning has no burden lost their rights. This applies not only to the transfer of ownership of the people, and also applies to the ownership of the transferred.
Article 936 the provisions of exceptions is, in the indirect possessor through return to transfer the baton claim, as long as is the holder of the things directly singer indirect possession, the right holder can do not lose their rights.
Six, the compensation for debt method
The real right of ownership and limit the holder of the good faith acquisition of although the loss of their rights, but, but they have debt of law compensation claim as compensation.
If the transferee pursuant to article 347, article 467, article 812 and the person has to return the obligation of ownership transfer of ownership transfer and will things to the people, do not have the right of disposition for people or can"t get ownership. Rather, the ownership of the people before straight back to ownership. This can be made by article 932 and the following terms of restrictive protection function be explained, these terms only protect the assignee, not to protect the disciplinary right of the people of no.
Example: V will belong to E thing to sell to K and transfer ownership, K good faith acquisition of ownership. Because things is defective K proposed return money. According to article 467 and article 346 he must put things returned to V. E K not to claim. Although K according to article 929 of the things will return to ownership transfer V, E and not V direct ownership of the things get, V is not proprietary before, he just because remove contract will lose ownership, E can therefore according to article 985 for V K return return of things.
Seven, comparative law regulations
In good faith acquisition of national law can also, but requirements must in fact get things kind of possession. The lost objects can good faith acquisition, but three years later to delivery to get ownership.
In Italy method, the good faith acquisition to delivery for premise condition, lost to the good faith acquisition of objects can, it does not need to wait for three years. This does not apply to register of things in the registration, the registration of things can only be made in accordance with the time.
- 北境漫步
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晕倒。这么专业的法律中译英,你出个100分就想别人帮你译,也太小看别人的劳动了。这种翻译,放到市场上最起码要500元,而且只有精通英语又懂国外法律的人才能真正翻得好。
- 真可
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林子大了 什么鸟都有 估计帮你翻译的人都是神人