legal nexus 中文意思是什麼
legal nexus
解釋
法律關系-
This article consists of five parts as following : mortgage of uncompleted building was originated from the common law and the law of hong kong, so the paper probes into its meaning - the transformation of the specific property right ; when the debtor fails to perform his duty, the creditor can obtain the title determinately ; the debtor enjoys the right of redeeming the collateral security through fulfilling his debt, the creditor has the obligation of returning the property at the same time. secondly, the author summaries its essential feature on the practice of the real estate mortgage hi the mainland of china - the target of the mortgage is a kind of expective interest ; the mortgage is a kind of guarantee which is settled through making over the interests in expectancy ; the risk of the mortgaged uncompleted building should be borne by the realty company instead of the mortgagor ; the phase of the mortgage ; mortgage is realized in a particular way. thirdly, on the basis of analyzing the legal nexus that is involved, the paper points out that the legal ne xus of the mortgage is just between the mortgagor and the mortgagee
樓花按揭作為一種擔保方式起源於英美法上的mortgage ，所以本文第一部分首先探討了mortgage在英美法上的含義：特定財產權利的轉移；在債務人不履行債務時，債權人可以確定地取得所有權；債務人享有通過履行債務而贖回擔保物的權利，同時債權人負有交還財產的義務。其次，就我國的樓花按揭實踐總結了其基本特徵：樓花按揭涉及兩個合同三方當事人；樓花按揭的標的是一種期待性利益；樓花按揭是通過轉讓物業權益而設定的一種擔保方式；預售樓花滅失的風險應有開發商承擔；樓花按揭的階段性；樓花按揭實現方式的特殊性。最後，分析了樓花按揭所牽涉的各個法律關系，認為真正的樓花按揭法律關系只是購房人與銀行之間的按揭貸款關系，按揭當事人只有購房人（按揭人）與銀行。 -
Through the conceptual and technical analyses to legal nexus, the article reconstructs the traditional concept of legal nexus, and proposes a new conception of " constitutively intersubjective legal nexus ", which grants the legal subjective standings to natural being. qualification of legal subject is constitutive rather than monadic
在對法律關系進行概念分析以及法技術解剖的基礎上，本文以建設性的后現代主義精神為綱領，改造傳統的主客體二分化的法律關系模式，提出主體構成性法律關系模式。 -
The financial lease contract is determined to the special case of the loan contract, and it is the loan contract in nature in the form of lease. in the third chapter, subjects, objects and all the parties ' rights and obligations under the financial lease contract are analyzed in the aspect of legal nexus. the author advances the contract including three parties should be established in which rights and obligations of all the parties would be regulated respectively
筆者認為融資租賃交易中的每一方都是向三方中的一方承擔義務，又從三方中的另一方處取得權利，三者之間是兩兩對應的關系，這同一般的雙方合同中直接相對的權利義務關系有很大不同，是一種多方合同，這是融資租賃合同作為典型合同的真正理由。 -
The author writes four chapters to discuss all aspects except the forth one which is in the process of writing the chapter about legal nexus, and subjects of the forth aspect will be discussed when the particular one is involved
其中，一、二、三、五四個方面，筆者撰寫專門章節論述，第四方面穿插在合同法律關系的寫作過程中，在牽涉到某個特定問題時，再單獨說明。 -
In the light of the problem in implementing esops in china, especially the selection of the carrier of esops ( or the stock ownership performing subject ), this thesis puts forward the project of employee stock ownership trust, emphasizing the study of the questions of legal nexus of employee stock ownership trust t and reconstructing the stock ownership performing subject of esops taking the advantage of trust - in - common
針對我國職工持股實施中存在的問題，尤其是持股載體選擇（或股權行使主體）面臨的法律障礙，本文提出了職工信託持股方案，著重研究了職工信託持股的法律關系及利用共同信託方式重新構建職工持股股權行使主體的法律問題。 -
In comparison with frameworks of separation system, its legal status in divorce system and its legal consequences in other countries, selecting their essential ; in combination of the reality of legal nexus of marriage and family in china, drawing on academic achievement of domestic study, this paper firstly aims to propose a separation system with chinese characteristics ; to improve the kindred part of civil law, which is about to decree ; to solve the problem that related law and rules are difficult to operate, which results from deficiency of legislation. secondly, it is to effectively perform a supplementary function to conciliate legal relationship of divorce ; to punish illegal and criminal act, rape of spouse and abandoning spouse for instances, in accordance with law ; to protect legal rights of parties of marriage and finally to achieve the judicial theme of " justice and efficacy "
比較各國設立別居制度的模式及其在離婚制度中的法律地位、法律後果，取其精華，結合我國婚姻家庭關系的實際情況，汲取國內的理論成果，架構中國特色的別居制度，完善我國即將頒布的民法典親屬編；解決因立法欠缺造成的操作難，充分發揮其調解離婚法律關系的輔助作用；依法懲處婚內強奸、夫妻遺棄等違法、犯罪行為，保護婚姻當事人的合法權益，推進「公正與效率」司法主題的實現。
分享友人