Bona Fide In Civil Law

Starting from the historical development of Bona Fide in civil law, this paper studies the roles of Bona Fide in various historical periods of civil law,indicating that Bona Fide is characteristic of separate development in civil law.Given the above,the paper answers the question whether the definition of Bona Fide can be fixed.The historical analysis on Bona Fide proves that the roles of Bona Fide in the two major legal systems are different.Its role in the continental legal system is far more important than that in the Anglo-American legal system.This paper analyzes the reason of separation of Bona Fide from honesty & credibility,drawing the conclusion that this separation is originated in their different functions in civil law.The application of Bona Fide in regulations is reflected in various concrete systems,in which a basic value option is embodied,i.e.civil law protects Bona Fide.The protection approaches vary with the various concrete systems,such as acquisition of property right(Sachenrecht), remedy on creditor's rights(Schuldrecht),reduction/exemption of liability, or favorable positions claiming for effectiveness of juristic acts (Rechtsgesch(a|¨)ft).As for the protection system of property right (Sachenrecht),the different models of property right(Sachenrecht) alternation has decisive meaning in the construction of system itself. Different countries with different economic systems and cultural traditions take on different experiences on the degree of protecting Bona Fide.This paper consists of four chapters:Chapter 1 mainly analyzes the meaning of Bona Fide as well as the separation of Bona Fide and Honesty & Creditability,drawing the conclusion that the meaning of Bona Fide can be only determined in conjunction with specific system.Chapter 2 studies respectively the functions of Bona Fide and Honesty & Creditability,pointing out that it is exactly the difference of their functions which lead to the separation of Bona Fide and Honesty & Creditability.Chapter 3 starts with the functions of Bona Fide,and studies the differences of composition elements of Bona Fide acquisition under different models of property right alternation.It also elaborates on the scope of Bona Fide third party under opposition.Chapter 4 studies the Bona Fide protection of acquisitive prescription, pointing out the various functions of acquisitive prescription system, holding the opinion that it is relatively a large regret by not regulating the acquisitive prescription system in China's property law.This chapter also elaborates on the protection of Bona Fide Possession,rights appearance and unjust enrichment,leading to the author's own opinion on rules of return in the event of contract invalidity and revocation.