Bona Fide Acquisition Under The Condition Of Ownership With Unchanged Occupation

Bona fide acquisition of movable property is an important system to protect transaction security in the science of civil law. It is the result of interest-measure and value-judgment by law between trading interests and ownership-maintain interests. One of it's constitutive requirement is that the movable property has been delivered from assignor (non-entitled party) to assignee (a third person in good faith). However, is "delivery" here limited to actual delivery or including ideological delivery? It arouses lots of disputes in theory. Legislation in most countries and regions doesn't mention it, too. Thereinto, as the most unconspicuous rights-changing way in three forms of ideological delivery, whether or not ownership with unchanged occupation may apply to bona fide acquisition causes the most furious disputes. Based on analyzing disadvantages of the existing related theories, point out that ownership with unchanged occupation is also applied to bona fide acquisition and put forward specific reasons to give sufficient demonstration. On the basis of referring to legislative and judicial practice in other countries and regions, claim that our country should accept the application of bona fide acquisition under the condition of ownership with unchanged occupation by the way of publishing judicial explanations, and put forward relevant proposals on system and legislation designing, in the aim of providing rules for settling disputes in non-entitled disposal under the condition of ownership with unchanged occupation.