The Research Of Bona Fide Acquisition Of Booty

The syestem of Bona Fide Acquisition is a very important one in the law of real right ,and the civil law of each country has relevant about it . But the booty can be obtained suitably with Bona Fide Acquisition or not ,different countries have different legislations on it.Though Bona Fide Acquisition system is fully affirmed by"Law of Real in People's Republic of China",but the system still can not fully play its effectiveness,especially in the booty would not apply Bona Fide Acquisition System at the time. Now our country has entered a era of market economy which at the stage of high-speed operation, and commodity trade has become more frequently.In the transaction market, there will be inevitably flow of the stolen goods.Because of the large quantities of the stolen goods which is aslo wide and varied, if the stolen goods can not be applied in Bona Fide Acquisition System, the people who engage in the transactions may spend a lot of time on identifying the ownership relationgship of each prorerty,and it is impossible.Therefore,it is particularly important to establish and standardize the system which the booty can be applied in Bona Fide Acquisition.Firstly the author studied the concept and origin about the system of Bona Fide Acquisition,stressed the value and the practical significance of the system. The meaning of Bona Fide Acquisition is that with the intention of the movable property removal,it origined from the combine of the principle of"hand in hand"which from German law and the"good-faith"which comes from Roman law. Bona Fide Acquisition was established to safeguard the security,that is, dynamic security, and to seek balance between fairness and efficient of law and to reflect the civil law principle of good faith and fair.On this basis, the author further elaborated the concept and origin of booty. As a commodity,it is impossible to separate the booty with ordinary commodity in the market. If the transferee in transaction process requirements undertake check goods source and ownership of the obligation, the transferee rather harsh requirements, and also to the circulation of commodities society.Then the author further analysis and evaluate the revelant legislations in China and other country about that the system of Bona Fide Acquisition of booty, and the thesis demonstrates it should be listed in the civil law for the system of Bona Fide Acquisition of booty in China, but this does not affect the effect of criminal justice.Through the comparison of the first few chapters, on this basis, the author from two aspects of booty for positive analysis, which has made the system of Bona Fide Acquisition of booty reason more clearly.Finally the author discusses the elements of Bona Fide Acquisition of booty and the exception of this institution, and put forward some bold ideas on the legislative suggestions. First, in principle, applicable law of Bona Fide Acquisition of booty and gives the holder of right of reply within a specified period of time, to be here for two years. In this period, if bona fide holders had paid to buy things in the open market , the right holder has the right to take paid back, otherwise may enjoy the right to free. In addition,for currency and unregistered securities and personal property or emotional value with the goods are not applicable to Bona Fide Acquisition, and the former obligee cannot reply to the requirements.