Research On The System Of Innocent Acquirement

This dissertation probes into the system of innocent acquirement. As an old and important system in civil law, it originated from "hand muss hand wahren", and emerged after having absorbed the acquirement of "good faith" in the validation of acquirement in Roman Law. As a standard of adjudication in business law, the system of innocent acquirement can protect the safety of transaction, and uphold the steady of social economy order. Meanwhile, such system is based on giving up the owner's interests. Therefore, it has been put forward to us that how to establish such system, which can protect the transaction safety, and uphold the steady of social economy order as well. Such system has not been statutorily set up in China's civil law yet; however, judicial branches and some civil special laws admit it. It's well known that there are different views on its theoretical foundation, usage range, and requirement to which constitute. This dissertation points out that the principle of public showing together with general belief is the theoretical foundation thereof. Through theoretical as well as valuable analysis, the dissertation holds it necessary to establish such system in China's civil law, and that the system shall be used not only in personal property but also, under especial conditions, in real property.