On The System Of Bona Fide Acquisition

The system of bona fide acquisition is an essential policy in civil law. The so called"bona fide acquisition"refers to those who and people which have no right to punish other person's personal property,after deliver the other person's personal property what they possessed to the purchaser,if purchaser acquire the changed personal property according to the good faith,which is acquire the ownership of this personal property,the former personal property's owner with no right to request assignee to return the personal property. The policy of bona fide acquisition is very important on protecting exchange's safe, asserting the economy order of normal society , making the property relationship stable, asserting the exchange of commodity. However, in justice practice,faith acquisition policy has its own limitation,it is in urgent need to be perfected. The dissertation includes five chapters, which aim to research several issues of bona fide acquisition policy.The first chapter is aiming to research the concept, resource and value basis of bona fide acquisition policy. Since the modern time, the founding and development of the bona fide acquisition policy is based on the Germanic law,also absorbed the essential factors which in obtain prescription policy from the Rome law. The policy of bona fide acquisition is an important law policy in civil law of Mainland law system, British and American law system since the modern time, what it involved in is the protection issue in civil law between the safe of silence in property ownership and the safe of stir in property exchange. Protecting the safe of silence is to give the absolute protection to the ownership, and protecting the safe of stir in property exchange is to protect the circulation of property. The essence of good faith acquisition policy is to balance the benefit between owner and good faith assignee, on one hand, it aims to protect the benefit of owner to some certain extend,to assure the ownership's safe, preserve the peace and stabilization of society's order, on the other hand, it focuses on the protection the assignee's benefit, to improve the convenience of exchange and to protect the safe of exchange. When protecting the conflict between the actual oblige and good...