高分悬赏:一篇法律英语的中译英(拒绝翻译器!尽量专业,翻得好还会加分!)

RT。文章见下。
物权是现代民法体系中的一个基本概念,而物权变动效果则是指物权法律关系的发生、变更和消灭。由于物权具有绝对性和排他性等基本特征,在现实的交易过程中经常会出现真实的权利状况与公示出来的权利状况不一致的情况,所以物权变动所产生的效果往往会对第三人产生一定的影响。此时的第三人若是在不知真实权利状态下对权力外观的合理信赖,那么该第三人被称为善意第三人,他所作出法律行为出于交易安全的目的来看是应该得到法律的保护的,这点也是现代民法界所达成的一致共识。因此物权变动是物权立法的核心问题之一,而善意第三人的利益保护问题则是物权变动中的重要内容。
本文以现代民法普遍通用的几类保护善意第三人的理论及制度为研究对象,结合民法原理和物权法的知识,综合运用文献研究法,定性分析法以及比较研究法等方法,根据物权变动的基本理论以及在民法中对善意第三人的定义的基础上,从物权变动中保护善意第三人的三种基本制度和理论出发,收集国内外与之相关的文献资料,对资料进行分析整理总结,从三种基本制度和理论的区别与联系入手,对如何更加全面有效,客观公正地对善意第三人的利益进行保护进行研究、阐释,并最后提出自己关于此问题的见解。本文拟从以下三部分进行探讨:
第一部分概述物权变动的基本概念以及善意第三人的定义。本部分旨在为本文提供一个概念背景,通过对物权变动以及善意第三人等相关概念的介绍,进而对在物权变动中对善意第三人保护的重要性和必要性进行分析,为本文以后展开论述奠定基础。
第二部分详细叙述现代民法中物权变动中保护善意第三人利益的三种现有理论和制度。本部分将物权无因性理论,公示公信原则以及善意取得制度分别进行阐述,旨在研究这三种理论和制度各自的定义和内涵以及对各自对善意第三人保护的现实效果。
第三部分根据第二部分的研究结果,对上述三种理论和制度进行对比研究,从善意取得制度与公示公信原则的关系以及物权行为无因性理论的现实争议两方面分析它们各自存在的利弊,从而进一步提出对于物权变动中保护善意第三人的制度选择的个人建议。

Property is a modern civil law system, a basic concept, but refers to the effect of property changes the legal relationship between the occurrence of property, change and destroy. Since the absolute and exclusive property and other basic characteristics of the transactions in the real world often occur during the actual status and the rights of the rights of publicity out of status inconsistency, so the effect of changes in property may often have a third party a certain extent. At this point the third man, if I do not know the real rights in the state of reasonable reliance on the appearance of power, then the third is known as bona fide third person, he has made legal terms of the objectives for transaction security laws should be protected, this point is reached by the modern civil community consensus. Real change is therefore the core issue of property rights legislation is one of the interests of bona fide third party protection is an important part of changing property.
This universal common in modern civil law protection of bona fide third types of theories and systems for the study, combined with the principle of civil law and property law knowledge, comprehensive use of literature, qualitative analysis and comparison of other methods, according to property changes The basic theory and civil law definition of bona fide third party based on changes in property rights protection from the bona fide third of the three basic system and theory, the collection of domestic related literature and the data were Systematic Analysis summary from the three basic system and theory and their connection to start, how to be more comprehensive and effective, objective and impartial third party in good faith to protect the interests of research, interpretation, and finally put forward their views on this issue. This paper discusses the following three parts:
The first section outlines the basic concepts of property changes and the definition of bona fide third person. This section is intended to provide a conceptual background for this article, through the property changes and related concepts such bona fide third presentation, and then changes in property rights in the protection of bona fide third party to analyze the importance and necessity for This article discusses the basis for future expansion.
The second part of the detailed changes in the modern civil law protection of property interests of bona fide third of the three existing theories and systems. This section will not because the theory of property rights, the principles of Public Credit and the Innocent described separately, to study these theories and systems as well as their definition and connotation of the third person in good faith on the protection of their reality effect.
According to the second part of the third part of the research results, theories and systems of the three comparative study, from the Innocent and the relationship between the principles of Public Credit and the Theory of Real Rights and controversial aspects of the reality of existence of their respective pros and cons of further proposed changes for the protection of property rights system of bona fide third choice of individual proposals.追问

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第1个回答  2011-02-23
The real right is modern civil law system in a basic concept, but real change effect is refers to the real right legal relations occur, alteration and destroyed. Due to the real right has the absolute and exclusive basic characteristics, in reality of transaction process we often appear real rights status and public out the right conditions inconsistent circumstance, so the effect of real change will often produce certain effect to the third party. At this time of the third party if it is not real rights in the state of power appearance, then this the 3rd person reasonably relied on called a third person in good faith, he made legal act from transaction security purposes view is should get the protection of the law, which is also the modern civil law circles agreed consensus. So the real right legislation real change is one of the core problems, and protect the interests of a third person in good faith real problem is that the important content changes. Based on modern civil code general generic categories protection third person in theory and system as the research object, the union of civil law principle and property law knowledge, comprehensive use of documentary research, qualitative analysis and comparative research methods, according to the basic theory and the real changes in the civil law for a third person in good faith, on the basis of the definition of property rights protected in change from third person in three basic system and theory, collects the domestic and foreign related literatures, the data analysis, sorting summary from three basic system and the theory of difference and relation obtains more comprehensively, on how to effectively, objective and fair to protect the interests of a third person in good faith to research, interpretation, and finally put forward his opinion about it. This paper discusses from the following three parts: The first part Outlines the basic concept of real right change and the definition of a third person in good faith. This section is designed to for this paper provides a concept of real right background, through the change and a third person in good faith and other related concepts introduced, then the rights in rem changes to a third person in good faith to protect the importance and necessity of analysis for this article after discussing lay the foundation. The second part of the detailed narration modern civil law of real right changes to protect the interests of the third party three existing theory and system. This section will WuYinXing theory, fair show real advisors principle and good faith acquisition system respectively, this essay aims at study these three theory and system of their respective definition and connotation of a third person in good faith and of their respective protection realistic effects. The third part according to the second part of the research results, the above three theory and system comparative study, from the good faith acquisition system and earring through principle of public summons relations and the reality of the real right behavior WuYinXing theory analysis of their respective dispute two aspects the advantages and disadvantages of existing, thus further puts forward for property rights protected in the third person changes institutional choice personal Suggestions.追问

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第2个回答  2011-02-25
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