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為什麽說麥克馬洪線沒有法律意義?

(2020-06-20 07:57:04) 下一個

說麥克馬洪線有法律意義不外有2點。第一是麥克馬洪先畫第二是根據分水嶺劃界原則。但是清當時一直管轄此線以南一大部分地區。新來者怎麽能畫一筆就能把地畫走了?再說了根據英國自己的法律某人的地(property)被別人實際占有一段時間後就可能屬於那人了。更不用說這地一直是大清管轄的。最後這分水嶺原則用的也不好引起諸多糾紛。

Adverse possession

Adverse possession, sometimes colloquially described as "squatter's rights",[a] is a legal principle under which a person who does not have legal title to a piece of property — usually land (real property) — acquires legal ownership based on continuous possession or occupation of the property without the permission of its legal owner.[1]
In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented from exercising their right to exclude, but an entirely new title to the property "springs up" in the adverse possessor. In effect, the adverse possessor becomes the property's new owner.[2][b] Over time, legislatures have created statutes of limitations that specify the length of time that owners have to recover possession of their property from adverse possessors. In the United States, for example, these time limits vary widely between individual states, ranging from as low as three years to as long as 40 years.[3]

 

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