A Study On Acquisition In Good Faith

Acquisition in good faith means that in the circumstances of ex right disposition, the bona fide transferee may acquire the right of a thing when therequisite of public summons is satisfied. Specifically, the property is occupied not have the right to dispose of their possession of the property, if it has been delivered to the assignee of goodwill, assignee of the property was legally acquired the ownership or the right quality. In real estate, the right to register people dispose of their registered name in the real estate, even if the registration error, I do not know if this assignee violations, and the registration has been made, legally acquired the ownership of the property or mortgage. In addition, possession of the power to dispose of property if it is set on mortgages, goodwill is the assignee the right to obtain the mortgage registration legally acquired the property mortgages.The full text is divided into four chapters:The first chapter outlines acquisition in good faith. Roman made the limitation of the system has played a goodwill achieved enlightenment, Germanic law of "hand in hand for the" principle of Italy made a formal system to provide cheaper, It is made in good faith in the system Germanic "Guarding hand in hand" on the basis of Roman spent draw made on the goodwill of the system from the elements. Based on Roman law and Germanic law and following the various other factors. States made the Civil Code of goodwill have different requirements.The second chapter, made in good faith based on the system. Acquisition of goodwill there are economic reasons, goodwill made to protect the interests of ways to achieve them, promote the development of trade remedy "non-economic" Acquisition of goodwill there is the "economic" to achieve maximum benefits and make a rational choice. Goodwill made in the legal system on the basis of logic is occupied with the registered credibility, in other words, goodwill is made public confidence in the principles of specific and systematic.The third chapter, the goodwill constitutive elements. The goodwill element of the production structure (1) the power to dispose of material for people possession or registration, At this time, although action has the power to dispose of the right trustworthy appearance; (2) The subject matter of movable or immovable property, real property made applicable goodwill, and in movable, it should be on the ship, and air and other special devices movable, currency, bearer securities, and stolen goods, and the Lost and Found for special treatment; (3) Based on the legal transferee; (4) the assignee of goodwill, request the assignee not know or do not know the grantor to dispose of them without people, but there are special circumstances exception; (5) the assignee has made movable and immovable property registration, the concept of movable property, including possession.The forth chapter, goodwill of the legal effects. Transferee of ownership or other property is 11 the most fundamental legal effect achieved by good intentions, in the same rights and the power to dispose of people and indigenous rights and goodwill between the third person on the property claims and the effect on the results. Goodwill obtain ownership or other interests in the legal nature of belonging to the original made.