Study On Applicable Field Of Bona Fide Acquisition In China

Bona fide acquisition system plays a more and more important role in protecting safety of trading. In traditional civil law, it is widely believed that bona fide acquisition system can only be applied to chattel. But in recently-issued Property Law of China, both bona fide acquisition system of chattel and that of real property are enacted definitely. However, there is still some margin for the other rights to apply to this system besides property, which needs the scholars to carry out their further research.In this thesis, with an intention to discuss how to establish a united and integral bona fide acquisition system in china, the author tries to explore more extensive fields where bona fide acquisition system can play an important part for the safety of trading. Therefore, in this thesis, besides property, the author also probes into the probability of creditor's rights to apply to bona fide acquisition, and then some grounds are put forward to support the author's opinion.The thesis is divided into four parts for the author to dissertate systematically, and the emphasis is put on part two, three, and four.In part one, the author mainly expatiates the history of the bona fide acquisition system, pointing out that the theory ground of the bona fide acquisition is that the public confidence of occupancy is confirmed by law, and its practice ground is to ensure the order and safety of trading. Therefore, the existence advisability and value of bona fide acquisition system is concluded.In part two, three and four, the author mainly discusses the applicable fields of bona fide acquisition concretely.In part two and three, the author mainly analyzes the provisions of Property Law of China about bona fide acquisition of chattel, real estate and security interest, and expatiates the advisability and deficiencies of these provisions. Then some suggestions are proposed to make improvement.In part four, with the leasehold as the emphasis, the probability of creditor' right to apply to bona fide acquisition system is explored.At last, this thesis arrived to a conclusion that the core value of bona fide acquisition is just to mend the deficiencies of the legal effect of no-discretion trading by confining the recourse of the owner, and to realize the trading safety in the whole society by protecting the interest of the bona fide third party.Therefore, extending its applicable field is beneficial to protect the safety of more trading fields. Namely, there still a lot of space where bona fide acquisition system can play a crucial role. Therefore, the applicable field of bona fide acquisition system is well worth further studying on.