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2011年12月ACCA《F4公司法与商法》考试文档(2)

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  2.In preparing for the examination,students are encouraged to understand clearly the following rules and relevant legal relations:

  In relation to the Property Law

  The coverage of the property rights:ownership rights,rights to profit and security interests

  The four kinds of rights a property owner shall have:right to possess property,right to use property,right to receipt of proceeds from property,right to dispose of property

  The legal effect of immovables registration on the transactions:creation,modification,assignment and termination of rights in immovables taking effect when such rights are recorded in registration authority

  The time of taking effect for the creation,modification,assignment and termination of rights in movables,as well as the legal effect of registration in movables

  The pre-conditions for the state to expropriate the properties(collective-owned land,buildings and other immovables)owned by entities or individuals

  The meaning of the divided co-ownership in buildings by owners and its coverage:roads,parking lots and garages,green areas,common facilities and other public places

  The ways of use and dispose of the divided co-ownership in buildings,as well as the legal remedies for the owners to deal with the acts violating their property rights

  The owners'rights with respect to the building and its affiliated facilities

  The ways to disposal and assignment of the co-owned property and the ways to be borne with respect to the management costs

  The conditions for a person to acquire the property in good faith and the ways to deal with a lost property

  The differences between the usufruct right and ownership

  The restrictions for a usufruct holder in excising usufruct right and the restrictions for an owner of property to grant others the usufruct right

  The creation of the right to the use of construction land and the various forms of the creation

  The disposal(such as assignment,exchange,contribution,donation and mortgage)of the right to the use of construction land and the registration requirement

  The legal liability of the party causing the invalidity of the security contract

  The coverage of the security interest and the extinguishment of the property rights for security

  The conditions required for the mortgagee to excise mortgage right and the time limitation for the mortgagee to excise such right

  The creation of mortgage right and the legal effect of the registration of mortgage right

  The assignment of mortgage right and the transfer of the property mortgaged

  The creation of pledge right and the conditions for the effectiveness of pledge right

  The duty of the pledgee to take care of the property pledged and the exercise of the pledge right

  The conditions for the pledge to transfer the pledge and the liability for unlawful transfer

  The major differences between mortgage and pledge.

  In relation to the Labour Contract Law

  The circumstances under which a non-fixed term employment contract(labour contract)must be concluded by an employer and employees

  The establishment of the employment and legal consequence for without a written employment contract between an employer and employees

  The fixed-term contract for the completion of certain work assignment and the duration of such a contract

  The rules of the probation period in an employment contract

  The non-competition restriction or confidentiality obligation by employees and the statutory compensation by the employer

  The conditions for an employee to terminate an employment under the various circumstances

  The functions and duties of the labour administration at the county level or above.

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