Research On Bona Fide Acquisition Of Moveable Property Escaping From Owner

Bona fide acquisition originates from "Hand muss Hand wahren" principle in Gemanic law, it plays an important role in protecting the security of transactions, stabilizing the economic order, speeding the commodity economy. As a prominent rule, it is nearly accepted by all the nations, but whether movable property escaping from owner can be acquired by the rule of bona fide acquisition is not decided, there are diverse opinions. The author think, movable property escaping from owner have no difference with other goods in their physical and commercial features in market, so it should be acquired by the rule of bona fide acquisitions.This article is composed of five parts. Part 1 introduces the conception of movable property escaped from owner, the origination of the bona fide acquisition of movable property escaping from owner and the relevant law of different nations. Part 2 describes the reasons of "negative law" and proves they are not absolutely right. Part 3 discusses the academic basis of bona fide acquisition of movable property escaping from owner. Part 4 builds the inscapes of it. Part 5 appraises the law of our nation and gives some advice.The author think the rule-bona fide acquisition of movable has a well-knit basis, it is accordant with the demand of our community, embodies the principle of equality, and it can speed the construction of harmonious economy and the progress of the society. It should be accepted by the law in the future.