英国财产法之追溯制度彭燕1001301736.ppt

英国财产法之追溯制度 彭燕 1001301736 中欧A同学 中欧B同学 法大书店 偷30块钱 30块钱 《德国民法总论》 侵权之诉 教材短缺，A也没买，想要？ B同学没钱还？ Gunther 偷 Ross 得价款 换别物 卖Joey 非善意买得 卖车，价款买麦当劳公司股份 卖车，价款和Rachel吃饭花光了 卖了，价款存在银行 卖车，买限量版的恐龙玩具 用玩具交换iphone手机 突破传统的所有权依附原物的观 念，伟大的创意 所有人权益得到充分周到的保护 不损害善意第三人利益，和交易灵活 物尽其用 追溯制度 特点 tracing 1）The process of tracking property’s ownership or characteristics from the time of its origin to the present tracing the vehicle’s history. Parties in a divorce will be expected to trace the origins of property in existence at the time of marital dissolution in order to characterize each asset as separate or marital property (or as community property in some states).— Also termed tracing of funds: tracing of property. 2）The act of discovering and following a person’s actions or movements tracing the robber’s steps ——布莱克法律英语词典，第八版，2004年 追溯制度是什么？ The substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor. • For example, a surety who has paid a debt is, by subrogation, entitled to any security for the debt held by the creditor and the benefit of any judgment the creditor has against the debtor, and may proceed against the debtor as the creditor would. The equitable remedy by which such a substitution takes place. The principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy. Legal subrogation usu. arises when (1) the paying party has a liability, claim, or fiduciary relationship with the debtor, (2) the party pays to fulfill a legal duty or because of public policy, (3) the paying party is a secondary debtor, (4) the paying party is a surety, or (5) the party pays to protect its own rights or property. — Also termed equitable subrogation. Subrogation Persons who have been victims of frau