On Bona Fide Acquisition Of Real Right Of Chattels

Market Economy requires sound and solid legal system to protect and escort it, especially when commodity transaction became increasingly various and complicated and the economy is developing at high speed, transaction trust, transaction safety and a healthy and stable market order requires the protection of law as a solid shield even more, and the system of bona fide acquisition of real right of chattels is a very important system for this purpose. When a person having no right to disposal disposes the chattel of other person without permission and the bona fide transferee is in the dark, in the conflict of interest between the original owner of the chattel and the bona fide transferee, considering the trust placed by the bona fide transferee and seen from the big picture of transaction safety, after careful reasoning, the law finally confirmed the system of bona fide acquisition of real right of chattels under which the bona fide transferee will obtain the right of ownership.This thesis will focus on the system of bona fide acquisition of real right of chattels and the discussion will be divided into five parts. The first part will present briefly my basic understanding of bona fide acquisition and lay down the foundation for the following detailed discussion in the other parts by analyzing the concept of bona fide acquisition, discovering its theoretical basis and realistic value from the point of public summons and public trust, tracing back its historical origin and development, introducing the roles played by Germanic law and Roman law in the process of evolution of bona fide acquisition system. The second part will look back on the status of legislation relating to the bona fide acquisition system of our country in the past and compare it with the status after the promulgation of the Property Law. The third part and fourth part will focus on the provisions of article 106-108 of the Property Law: in the third part it will analyze the constitutive requirements of bona fide acquisition in our country by elaborating on my understanding and opinion about the four constitutive requirements specifically set forth in the Property Law (namely the transferor has no right to disposal, the transferee is bona fide at the time of transfer, the price of the transaction is reasonable and the chattel has been turned over to the transferee) and the implied requirements that are not specified in the Property Law. Considering that the question about constitutive requirements of bona fide acquisition (or put it in another way, under what circumstances it constitutes bona fide acquisition) is of most realistic meaning and most worthy of attention, therefore this thesis spends more time on the third part.The fourth part will be mainly about the applicable scope and legal effect of bona fide acquisition in our country: the applicable scope covers chattels and real estate (this thesis holds the opinion that the real estate shall be under the category of public trust and therefore real estate will not be discussed herein), besides, the Property Law answered the question whether the bona fide acquisition system shall be applicable to lost-and-found object, drifting object, buried object and hidden object, but the Property Law didn't mention whether it can also be applicable to other kinds of detached object. Regarding the legal effect, this thesis will analyze the legal relationship between the original owner, the transferee and the person disposed the chattel without permission. The fifth part will ponder over the bona fide acquisition system of our country with reference to the legislation experience of foreign countries, which will focus on the following issues: whether the other kinds of detached objects shall also be subject to bona fide acquisition system, what is the way of turn-over of chattels in the constitutive requirements and how to determine the bona fide of the transferee.