Thoery On The Caused Apparent Right By The Property Right Holder

It is obvious that acquisition in good faith imposes great impact on the property of relating people. Acquisition in good faith is a matured mechanism in private law and there is no doubt that we need it. Naturally, to justify the institution is the main task faces jurists. Although the existing theories have attributed a lot on this issue, there are still some defects. In order to logically develop the idea, the author constitutes the dissertation by 3 parts.In part one, the author develops this part based on comprehensive literature review, which demonstrates that the existing theories have some defects separately. The distinguished similarity of the reviewed theories is that mostly they focus on the third party and unauthorized—disposition party, and neglect the holder of the property. However, all of these are the application of technique of law, which counteracts the ethic of law.In part two, the author makes a proposal on a new mode to interpret acquisition in good faith, that is, the theory on caused apparent right by the property holder, making a highlight on the proximate act of the holder, which differentiates from the generally accepted trust-foundation apparent right. Based on the difference between two offshoots of the apparent right theory, the author develops the article in three aspects: the proximate act of the holder & adverse outcome, the proximate act of the holder & responsibility of apparent right, and the proximate act of the holder & acquisition in good faith. In the last part, based on the argumentation which has been attested by the previous parts, the author makes some illustrations on the legal requirements and affect of acquisition in good faith in the perspective of the third party and the property holder.