System Construction Of Applicable Scope Of Bona Fide Acquisition

Bona fide acquisition is a eidolon of real right law,also is the most active and dynamic balancing system of real right law.In commodity circulation,original obligee and the third party separately represent the stillness safety and the moving safety of property,the bona fide acquisition is properly balancing between them,in order to maintain transaction safety,accelerate commodity circulation,economize economic cost and promote economic development.This paper base on public credibility of property rights characterization,on the article 106 of real right law,aims to take possession and registration of property rights characterization as public binary structure of right appearance,systematize applicable scope of bona fide acquisition,make it have universality in protecting the trade security and promoting property circulating,it's function value completely substitutes abstractness of real right act and overcomes it's defects,so as to establish premise theory for recognizing and introducing juristic act of real right and it's causative principle.Chapter 1 Comparative law on the bona fide acquisitionThis paper firstly makes compared law investigation and common on foreign good faith obtained.What's more,makes introduction and brief comment on china's new property law regulates:it draw lessons from legislation of foreign,regulates concrete the good faith obtained,adopt paid recovery and acquisitive prescription institution to stealing and lost property;enlarge scope of bona fide acquisition to real estate and other property rights,recognize chattel characterizing real right on possession and real estate characterizing real right on registration in concept,they have isomorphism in nature,are embodiment of public credibility of property rights characterization.Chapter 2 Analysize the causes of systematized applicable scope of bona fide acquisitionThis paper firstly introduces traditional significance applicable scope of the good faith obtained,analysizes the reason limited in chattel of scope of the good faith obtained from traditional significance.Furthermore,emphatically investigate the enlarging requirement of scope of the good faith obtained in the modern significance, that chattel characterizes real right on possession and real estate characterizes real right on registration,they have isomorphism in nature,are embodiment connotation of public credibility of property rights characterization,and puts forward that the scope of bona fide acquisition isn't only limited in chattel,real estate and other property rights, it also includes having real right attribute secondary to the rights,for example,bill, bill of lading,book entry securities of f transferable stock,bond and share of fund, property rights of intellectual property of intellectual achievement and leasehold,they all have space for applicable of bona fide acquisition.Chapter 3 Value basis of systematized applicable scope of bona fide acquisitionFirstly from attribution requirement of security order,the paper describes that this requirement need the three part the third party acting acquire real right based on good faith in commodity exchange,in order to forecast things to arrange its own living, become legislator of its own life..Secondly,from attribution requirement of economic benefit and cost,discusses that for information asymmetry in commodity exchange,the seller of transaction will conceal quality and right flaw about traded thing;saving investigation cost and reduce caution cost of market transaction require that the third party acquire the real right based on good faith.Finally,from attribution requirement of bona fide reliance,discusses that frail weak of individual determines that human must be combined with each other based on bona fide reliance,existing by society attribute, So we should protect bona fide of people,esteem the third party acquire the real right by bona fide reliance.Chapter 4 The base of theory of systematized applicable scope of bona fide acquisition—public credibility of property rights characterization.Firstly,the paper discusses the institution of public credibility of property rights characterization,and describes the characterized property rights of chattel and real estate.What's more,the paper discusses that the bona fide acquisition is logic connotation of public credibility of property rights characterization,based on public faith force of property rights characterization,divides the good faith obtained into bona fide acquisition of possession public credibility characterized property rights and bona fide acquisition of registration public credibility characterized property rights, forming public binary structure of right appearance based on possession and registration,in order to systematize the scope applicable scope of bona fide acquisition,make it have universality in protecting the trade security and promoting property circulating.Chapter5 System construction of applicable scope of bona fide acquisitionThis paper base on public credibility of property rights characterization,on the article 106 of real right law,take possession and registration of property rights characterization as public binary structure of right appearance,divides the good faith obtained into bona fide acquisition of possession public credibility characterized property rights and bona fide acquisition of registration public credibility characterized property rights,systematize applicable scope of bona fide acquisition.In the bona fide acquisition of possession public credibility characterized property rights,firstly discusses the unified composition essentials of the possession public credibility characterized property rights:1.disposer is unauthorized dispositive possessor;2.the paid of transaction behavior;3.the third part obtains possession; 4.the third part is good faith and non-material fault;5.original obligee has liability attribution.And then analyses the species and particular composition essentials of possession public credibility characterized property rights:1.securities of credit's good faith obtained and it's particular composition essentials:(1) bill's good faith obtained and it's particular composition essentials,(2) the question research of good faith obtained about bill of lading,warehouse receipt and deposit slip;2.chattel pledge's good faith obtained and it's particular composition essentials;3.pledge of rights of securities of credit's good faith obtained and it's particular composition essentials;4. of no-registered chattel mortgage's good faith obtained and it's particular composition essentials;5.the question research of good faith obtained about lien;6. copyright,know-how and trade secret of intellectual property's good faith obtained; 7.leasehold of chattel's good faith obtained.In the bona fide acquisition of registration public credibility characterized property rights,firstly discusses the unified composition essentials of the possession public credibility characterized property rights:1.mistake of registration;2.the paid of transaction behavior;3.the third part has been made registration of transfer;4.the third part is good faith and non-material fault;5.discussion of original obligee's liability attribution.And then analyses the species and particular composition essentials of possession public credibility characterized property rights:1.the good faith obtained of real estate ownership and it's usufructuary right(the construction land right,homestead,land contract management right,easements),registered ship aviation and vehicle;2.the good faith obtained and it's particular composition essentials of registered real estate and chattel mortgage;3.the good faith obtained and it's particular composition essentials of pledge of rights of transferable accounts receivable;4.the good faith obtained and it's particular composition essentials of book entry securities and it's pledge of rights;5.the question research on good faith obtained it's particular composition essentials about stock rights transfer of company of limited liability;6.the good faith obtained of trademark and patent of intellectual property;7.the good faith obtained and it's particular composition essentials of property pledge of right of trademark and patent of intellectual property;8.the good faith obtained of leasehold of real estate.Chapter6 The theoretical significance of systematized applicable scope of bona fide acquisitionIn the theoretical significance of substituting abstractness of real right act,firstly criticizes the abstractness of real right act from deviating law of causation,sacrificing seller interests and common flaw,integration of legal action three aspects;and then discusses the rationality of substituting abstractness of real right act from possibility of replacing abstractness of real right act,the dual protection between seller and the third part,meeting the transaction safety and good faith society three aspects.In the theoretical significance of introducing juristic act of real right and it's causative principle,firstly analysis the theoretical significance of introducing juristic act of real right and it's causative principle from unauthorized disposition contract;and then discusses the theoretical significance of introducing juristic act of real right from fact analysis,standard analysis and value analysis,which discuss that juristic act of real right is an objective existence of the fact that embodies the autonomy of private law, the law should be included in the scope of the adjustment of its own;we should recognize juristic act of real right,make review of the theory of legal act and system of civil law become more delicacy,in order to analysis the complex social phenomenon by strong abstractive,strict logical review of the theory of legal act.