The Standard Of "Bonafides" In The Bonafides Acquisition System

This article is divided into three parts.In the first part, the article focuses on the value of the standard of"bonafides"in the bonafides acquisition system. The standard of"bonafides"is the key factor and important prerequisite in the bonafides acquisition system, which has its own values and justice. Distinguishing bonafides and malicious by"known or unknown"has greatly reduced the transaction costs of searching for information, which is the value. And order and justice are its judicatory values. The trust between the transactors is confirmed and protected by the standard of"bonafides"in the bonafides acquisition system, which is beneficial to the order and security in the whole market. And as the"bonafides"is the standard against the immoral and improper conduct as people considering, so people in the market have been treated with moral support, with a good view of the fairness of the law place. Therefore, it is important here to establishing the standard of"bonafides"that is scientific and combined with subjective and objective.In the second part, the article focuses on the established precondition of the standard of"bonafides", which is the meaning of the"bonafides"in the bonafides acquisition system. We start this research with making the definition of the"bonafides"in the civil law clear by comparing the meaning of the"bonafides"and the concerned conceptions which are the principle of faith,not at fault and mistakes. Thus, the conceptions of the"bonafides"in the civil law are as follows: First, it's negative bonafides which means that one person doesn't know or will not know the existence or the behavior illegal. The negative bonafides is based on trust. Second, it's affirmative bonafides which stems from kind motivation or desire, regardless of negligence. This definition covers all the situations on the"bonafides"in the civil law, and suits for practical operation. However, the"bonafides"in the bonafides acquisition system means negative bonafides that means the assignee doesn't know the grantor no right to dispose the movable property without significant fault in transaction. Whether the assignee obtains the movable property. It should be noted that the bonafides assignee doesn't know the grantor no right to dispose the property, in stead of the assignee mistaking the complete ability man for incomplete ability man. And It's the Apparent Agency that the assignee mistakes the agent for misuse of the power for the right agent.In the third part, the article focuses on the content of the standard of"bonafides"in the bonafides acquisition system. Although the"bonafides"is a subjective mentality, it's always associated with certain external fact which is the legal basis. I think that the standard of"bonafides"in the bonafides acquisition system can draw on the standard of"bonafides father"in ancient Roman Law and combine the principle of malicious establishment to operate. The standard of"bonafides father"is specific as follows: The first is that the third has no obligation to know the owner of property. The second is the price of the goods. The third is the third's level of professionalism and market knowledge. The fourth is whether the third learns about the quality,sources,average market price of the goods. The fifth is whether the third is familiar with the illegal grantor. The sixth is the relations between the third and the illegal grantor and the third's attitude to the illegal grantor. The seventh is the comprehensive factors in the market. The"bonafides"is opposite to the"malicious". It's suggested that the standard of"malicious"is another important tool to identify"bonafides". And the main body in the bonafides acquisition system is the grantee but not the grantor. But when the agent helps the grantee for transaction, we must distinguish trust agent,legal agent and appointed agent. At last, the autor argues that the burden of proof mostly belongs to the owner of the property, shared with the grantee equitably, hoping to benefit the legislation and research of the bonafides acquisition system.