A Study On Acquisition In Good Faith

Acquisition in good faith means that in the circumstances of ex right disposition, the bona fide transferee may acquire the right of a thing when the requisite of public summons is satisfied.Roman law doesn't know acquisition in good faith. Prinzip des "Hand wahre Hand" in Gemanic is merely similar in form. The protection of commerce requires the priority be given to the transferee, which is the modern significance of acquisition in good faith and is best manifested in BGB. The logical basis for acquisition in good faith is the deroeffentliche Glaube of possession or registration. The five differences between acquisition in good faith and Prinzip des ?ffentlichen Glaubens put forward by the opponent are questionable.The nature of acquisition in good faith is original acquisition. The opinion that considers the transferee's good faith as the substitute for the transferor's right of disposition lacks foundation in law. The three reasons against original acquisition are insufficient.The requisites to constitute acquisition in good faith include:①the unauthorized transferor has a reliable outward manifestation of right of disposition, which is possession when the subject matters are movables and registered as owner when real transaction. ②the contract between the transferor and the transferee has no other defect in validity except for the transferor's want of right of disposition, which is limited to remunerative contract. ③real estate is also included in the subject matter. Special treatment should be done with some special movables. ④the means of public summons is delivery when the title or the pledge of a moveable is transferred while registration when real transaction and mortgage of a moveable is transferred. ⑤the transferee's good faith is his ignorance of the transferor's want of right of disposition without any significant negligence when the subject matters are movables and ignorance of the mistake of the register when real transaction. The difference results from the stronger deroeffentliche Glaube of registration.