The break of the Numerus Clausus Principle and the standardization in the Law of Property
| Autor: | Sheng-Yang Hsu, 徐昇揚 |
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| Rok vydání: | 2012 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 100 “Numerus Clausus” was the principle came from Roman law, and further became the general principle of property right in Europe. Republic of China Civil Law article 757 reception of the German law adopts “Numerus Clausus”. However, whether “Numerus Clausus” is still firm with the rapid development of economy and requirements of society, it’s a question worthy of consideration.To observe the opinions of practice, a lot of property rights had been admitted without law, such as Maximum Mortgage. Does that means “Numerus Clausus” is no more firm？That’s the motion to make a research of this subject. About this subject, this thesis will do an analysis of “Numerus Clausus” by different way, such as foreign legislative examples, autonomy of private law, economic legal analysis and new civil law of our country, to expound and prove that “Numerus Clausus” is not always fit our country. However Freedom of Property Form Principle can’t totally take the place of “Numerus Clausus”. “Numerus Clausus” and Freedom of Property Form Principle should be applied separately or interactively between immovable property, movable property and else rights. For immovable property, it adopts “Standardization of Property”. For movable property, it adopts “Numerus Clausus”, but an exception for not taking possession of movable property, which adopts “Freedom of Property Form Principle”. For else rights, it adopts “Freedom of Property Form Principle”. This system will protect the transaction security, and relax the inflexibility of “Numerus Clausus”. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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