Bona Fide Acquisition

Acquired in good faith in the system is an important property law system, It is balance between Owner and legal owner ,This paper reviews the Innocent and the historical origin and value of the theoretical basis of the system function,Property acquired in good faith objects to be analyzed,explained Unauthorized Disposition and the elements of good faith,discusses the legal consequences of acquired in good faith. Text is divided into five parts:The first chapter, bona fide acquisition system. Roman law does not exist Innocent, Acquired in good faith from the "hand to hand " principle in Germanic law. Acquired in good faith on the real system is established, marking the "French Civil Code," the formulation, development and improvement of the master of the "German Civil Code." The theory on the basis of good access to the system, scholars have different views, national legislation of civil legislation are not the same theory. More inclined to identify the right to form said. Bona Fide Acquisition value function, a balance of interests between the right of the function of a market order for the security protection.Chapter II, the system object of real right acquired in good faith. System of property rights acquired in good faith objects, including movable and immovable property and other rights object. Bona fide acquisition of ownership for personal property and other rights. Generally does not apply for the lost property acquired in good faith. Possession of property law does not legislate how to handle stolen goods, judicial practice, handling stolen goods sector nor the formation of a more uniform requirements. Property and snatch theft or robbery to possession from the compounds obtained, in good faith to achieve a system does not apply. Possession of stolen property case of fraud, he should be treated with reference to deal with lost property. China's property law in the real estate field specifies the right to correct presumption, to register as Public Announcement in the form of elements, good access to the system because of publicity generated credibility and deduced the inevitable result of public trust principles in specific applications to be in good faith to achieve a system to implement . Movable object in the other rights and rights of pledge pledge, made in good faith should be applied. Drafts, checks, promissory notes, bonds, certificates of deposit, corporate bonds and other securities, these debt securities are not registered or not registered, he may apply acquired in good faith. For warehouse receipts, bills of lading and other property of the securities is more applicable, and accounts receivable and other debt obligations acquired in good faith does not apply.Chapter III, Innocent right action. No right to dispose of one of the legal consequences for the acquisition in good faith, acting without legal consequences, does not apply in good faith to achieve a system to adjust. The generation of Property Act, is based on the claims acts, acts of mining property are due to sexual positions. Free right to dispose of the legal consequences arising out of acts not recognized in our legislation made in good faith, paid no right to dispose of the legal consequences arising Goodwill to pay for the reasonable price of elements. Chapter IV, Innocent goodwill. goodwill non-grantor due to gross negligence and did not know the rights of non-alienation meaning,not from a subjective to understand, and act to be judged objectively. Movable property acquired in good faith to determine the time, according to real estate and the performance of different delivery methods are not the same state; Real estate acquired in good faith should be a goodwill period of time.Chapter V, The legal consequences of Bona Fide Acquisition .Meet the Bona Fide Acquisition of constituent elements, the assignee shall acquire ownership of real or personal property or other rights. Movable property made in good faith of the original, and real property acquisition was made following the subject. Real human rights claim based on claims, property claims on the infringement, unjust enrichment claim their rights to achieve relief, occurrence of competing claims, one can choose a real right of the line. No right to dispose of people should bear the liability for damages. Registration error caused by damage to the interests of rights, rights holders have the right to bring civil claims registration authority.