On Bona Fide Acquisition System Of Reality

As a system, Bona Fide Acquisition is very important both in civil law and common law system. Bona Fide Acquisition system is based on the"hand wahre hand" regulation in Germany law and the provision on the Bona Fide requirement of limitation system in Roman law. In the traditional standpoint, Bona Fide Acquisition is limited to the chattel. And it is debatable whether Bona Fide Acquisition System can be applied to real estate or not in each country. China's Civil Law, such as the General Provision of Civil Law, is basically silent on the Bona Fide Acquisition system. We only have some rules and judicial explanations to deal with Bona Fide Acquisition, including that with real estate. At present, there are two academic opinions to this point: Positive Theory and Negative Theory, and the mainstream is the latter. After an overview of both Positive Theory and Negative Theory, the author finds that these two theories respectively have, to some extend, some problems.Thus, the author starts with the history and theoretical basis of Bona Fide Acquisition for a uniform rule, then analyzes the possibility of Bona Fide Acquisition System of Reality and draws a conclusion. On the basis of the understanding of the theory, the author also extends his own opinion on the system building of Bona Fide Acquisition of Reality. And this thesis concludes three parts: introduction, body, and conclusion. The body is as follows:Part One focuses on the theoretical basis and comments of Bona Fide Acquisition from the historical point of view, which is the basic point of this thesis. In this part, the author states the Theory of Right Publicity in three aspects, so as to give reasonable explanation to the Bona Fide Acquisition System. That is to say, the Theory of Right Publicity is the necessary fundamental of the Bona Fide Acquisition of Reality.Part two is about various opinions about the necessity and reasonability of the Bona Fide Acquisition of Reality. On the basis of the positive and negative comments on the Bona Fide Acquisition of Reality,this part further extends the author's positive standpoint logically.Part three introduces the laws and rules on the Bona Fide Acquisition of Reality in related countries as well as the current situation and future planning in China. It is on many countries' regulation of the Bona Fide Acquisition of Reality, and further extends the reasonability of this system. Meanwhile, the author introduces briefly China's existing legislation and the bill of law on the Bona Fide Acquisition of Reality.Part four states the constitutive requirements of the Bona Fide Acquisition of Reality. Based on the positive theory, the author states the specific constitutive requirements, such as unentitled disposing, act of transaction, fulfillment of registration, and bona fide, etc, so as to make a clear understanding of the Bona Fide Acquisition System of Reality.Part five offers some thoughts and suggestions on the Bona Fide Acquisition System of Reality in China. Start from China's legislative practice and situation, this part gives six points on the Bona Fide Acquisition theory of Reality, so as to perfect this system.That is the general framework of this thesis. The author believes that the previous demonstration of the Bona Fide Acquisition of Reality begins with a new standpoint, and comparatively outlines the panorama of this system, with the hope to make some contribution to the academic research and construction of the system.