The System Of Ownership Obtained By Bona Fide Purchase

In the law of real right, the system of ownership obtained by bona fide purchase is very important as a way to acquired ownership from unreal owner. This system has broken the idea that ownership can be chased absolutely. It has existed in the civil codes of the main countries in the world,Under the analyses of its basic conception, function, its composition items and its theoretical foundation, this text draw the conclusion: The system of ownership obtained by bona fide purchase as a real right arrange has its deep economic origin, It is a common request which shows the principle and public trust for the law of real right, It is the embodiment of the fair principle of civil law. At economic aspects, the design of it is not what people claim to die property safe to maintain trade safe consideration, but to reduce the economic trade cost of the whole society, to promote the harmony of the trade, to maintain the economic order of the whole market. Among the system, the interests of the bona-fide third party surmount him and rise to the whole social public already, The individual interests of the bona-fide third party have already been the incarnations of social public interests. Besides, only acknowledge the system of ownership obtained by bona fide purchase, the inherent structure of the law of real right can be a logical, rational, harmonious unified whole.Under the conclusion, this text thinks: the development of the socialist market economy nowadays of our country needs the system of ownership obtained by bona fide purchase in order to improve economic efficiency objectively; China's economy integration with the world needs the development of the law to cooperate, too; To pursue efficiency and fair is also the final goal of our civil law. So, stipulate in the law of real right of our country a scientific, rational and perfect system of ownership obtained by bona fide purchase is another urgent task that the real right of our country encounter.