Research On The Bona Fide Acquisition On Booty

Bona Fide Acquisition is an important system in the Civil Law. It means that with the intention of the movable property removal, the occupant of the movable property calls away the occupancy in good faith and transfers it to the third people, the good faith assignee is still commendable to get the movable property ownership, and even the occupant doesn't have the right of disposal of the movable property. Bona Fide Acquisition is widely accepted in the continental legal system and the Anglo-American legal system for its significance to protect the interests of'The third part in good faith,'maintain the security of bargain, promote the circulation of commodities and increase the wealth of society.In the development of Bona Fide Acquisition, whether good-faith acquisition of movable property escaping from owner should be recognized in theory is in dispute. Moreover, whether the booty, as the representative of good—faith acquisition of movable property escaping from owner, can be recognized, is one of the most difficult propositions. Though Bona Fide Acquisition has been in the new Real Right Law, further discussion in the legal theory is expected in order to make it improved. Firstly, this essay introduces the conception and history of Bona Fide Acquisition, and points out that modern society is based upon the publicity of occupation and the security of bargain.Secondly, Bona Fide Acquisition, as the allocation of risk in the system, is in pursuit of the security of bargain on value, and based upon the theoretical foundation of the publicity of occupation. In essence, it is the choice of the legal policy on weighting of the interest and estimating of the merit. Through analyzing the legislations and legal theories in the continental, Anglo-American and Taiwan legal systems, and the legislation in our country before the new Real Right Law, this essay points out that booty is also in the application of Bona Fide Acquisition which exactly defines the right meaning of booty and analyze its rightness reasons.Lastly, after discussing the component of Bona Fide Acquisition on booty and its right of petition, construction of the systematical picture of Bona Fide Acquisition on booty is suggested.