Some Problems In Good System

Since our country after the founding of the relevant national law, good faith acquisition system in the norm, but its regulation is not very perfect, applications are not broad. According to the market economic development, in order to improve the practical needs of the efficiency of the trading behavior and determine the ownership of the property rights, trade good faith acquisition of can only continue to comb and specifications, system because of the provisions of the previous already can not adapt to the reality demand. So good faith acquisition system needs improvement, such as the lien and good faith acquisition of the pledge. Good faith acquisition system have been the perfect, in our country in the property law, obtained the development. October 1, 2007 of the property law, initiated by the basic law for the first time the way good faith acquisition system will be identified and applicable scope to expand the real estate sector.This paper is divided into four parts, the concrete content is:The first part of this general theory of good faith acquisition system Summarizes the theoretical basis of good faith acquisition system and several kinds of mainstream theories, this paper expounds the good faith acquisition of elements in details.The second part in good faith acquisition system, unified regulation chattels and the good faith acquisition of immovables exists problems and reference abroad developed countries, and puts forward the legal provisions of this kind of problem how to perfect recommendations.The third part in good faith acquisition system for stolen goods, good faith acquisition are applicable regulations do not clear problem, and reference abroad developed countries, and puts forward the legal provisions of this kind of problem how to perfect recommendations.The fourth part in good faith acquisition system of standard and goodwill, goodwill the burden of proof shall not clear problem in developed countries, and reference foreign, and puts forward the legal provisions of this kind of problem how to perfect recommendations.Based on good faith acquisition system in several problems existing in the reference, developed countries put forward a comparative study of the provisions for our good faith acquisition system, and put forward some problems existed in improvement Suggestions. Through the question, analyze, and puts forward several Suggestions to solve problems of superficial.In short, as modern times with continental law system in civil law of Anglo-American law system, a very important system, good faith acquisition system has been the focus of the thesis, any problem and research cannot break away from the actual should be based on practice, service practice, better guide the practice. I took the historical methods, for instance, comparative method of the method. Based on the problems of the good faith acquisition system of our country thorough analysis, good faith acquisition system of law of further perfecting and judicial application of the proposed peculiarities that see.