General Disposal of Property under the Principle of Specificity
General disposal is the disposal where the object is described in a general manner.This type of disposal exists in the disposal of property collection and that of future property without being affected by fluctuations of property.A general description that satisfies the criterion of"reasonable identification"can guarantee certainty under the principle of specificity.According to the rationale of unicity under this principle,general disposal is a collection of disposals.The object of disposal is the individual property covered thereby,and the disposal takes effect with respect to this individual property.The rationale of unicity is not only desirable in legal policy but also necessary for maintaining doctrinal coherence.Fluctuation of the object does not conflict against certainty."Inflow"of new property and"outflow"of the original property imply acquisition of a new property right and loss of an original property right respectively.For this reason,the entire process of disposal develops into different phases.Under certain circumstances,confusion between the object of disposal and other property constitutes mixing that is regulated by the rule of mixture(Art.322 Civil Code).The"general description"in floating pledge is different from that in secured transactions like floating charge,and the former does not include disposal of future corporeal movables.
the principle of specificitygeneral disposalgeneral descriptionfloating chargefloating pledgemixture of property
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