A Cross-strait Comparative Study on Bona-fide Transfer System of Personal Property

• Main Authors: Huang, Su Ying, 黃素英
• Other Authors: Jeng, Gung-Yeu
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/29862868642022837150

碩士 === 中國文化大學 === 法律學研究所 === 92 === Abstract The purpose of this thesis is to research the regulation of bona-fide transferand study the properness of the related amendment drafts.By using traditional legal research method, combining the observation from legal-sociology, and analyzing the related cases, I try to reason out the standing of bona-fide transfer. Beside that, Taiwan’s present Civil Code which regulated bona-fide trnasfer has been effected for more than 70 years. Its standing is from the basic idea that private proverty shoud be protected which is broad recognized under capitalism. On the contrary, PRC do not have the same idea because PRC did not adopt captialism. That is also the reason why PRC is lacking of Civil Code. Now, PRC’s government, scholars have proposed some drafts to establish a new regulation. By introducing and comparing these drafts, I try to give my suggestions. My thesis has 6 chapters as following: Chapter 1 introduction I point out the motivation of my thesis, introduce the existing problems, and examine the above problems by analyzing related cases. Chapter 2 the historical development of bona-fide trransfer At the first of this chapter, I try to back to the historic resources of bona-fidetransfer. At the second, I compare with the different legislations which included Germany, France, Japan, PRC, and Taiwa, trying to reason out the different legal bases. At the third, I discribe the definition of “bona fides” which is necessary to bona-fide transfer. At the end, I dicuss the different patterns of “occupancy ”, and conclude that only simple occupancy can fit the requirement of bona-fide transfer. Chapter 3 the standing of bona-fide transfer. Even though PRC trying to adopt the regulation of bona-fide transfer seems following Taiwan’s rule apparently. The legal basis of bona-fide transfer is different from Taiwan and PRC. In fact, the basic different originate from the differences between capitalism and communism. Chapter 4 & 5 the different drafts of Taiwan and PRC I try to compare the regulation of bona-fide transfer between Taiwan and PRC’s drafts. Except that, I focus on how the get the ownership of pilfered proverty throug the regulation of bona-fide transfer . Furthermore, I discuss the different drafts which proposed by PRC’s scholars and government, and comment which one is proper. Chapter 6 conclusion Combining the above discussions, I propose my suggestions and list the different drafts of Taiwan and PRC with figures for others’ further research.