The Study On The Condition Of Idea Payment If Good Intention Obtion Is Suitable

The idea payment,is refers to holds idea shifting,namely remises the human when shifts the movable property property rights,the immediate delivery will not have given the grantee,but is only indirect possession shifting,but agreed according to the legal rule or the litigant still could have the payment potency behavior.Its rationale is indirect possession.Its value basis lay in simplified the transaction process,has saved the transaction cost and the time,conformed to the transaction efficiency principle.The movable property good intentions obtain,is refers to has no right to punish other people movable property to remise the human,in illegally other people movable property payment which holds it after the vendee,if the vendee in obtaining time this movable property is stemming from the good intentions,namely obtains this movable property property rights,original movable property all people do not request the grantee to return. Its rationale is the establishment,in holds attributes above this power this conclusion.Its value basis lies in the protection transaction circulation the security.Obtain along with the idea payment and the good intentions in various countries legal regime the status establishment,a new question has produced,under the idea payment the good intentions obtain whether to be suitable?In the introduction part,the author embarked from the German well-known milling machine document,has drawn out the question which this article wanted to discuss, whether namely under the idea payment did the good intentions obtain the suitable question.Because this article needs to discuss the question is the establishment,in the idea payment and the good intentions obtain the system general theory question above the foundation,therefore first chapter and the second chapter for basic study.The author the first development vein which obtained to the idea payment and the good intentions has carried on the analysis using the historical analysis's method,proposed that under the idea payment condition the suitable good intentions obtained the system are the historical development inevitable trend.Because of the later word proof need, introduced the idea payment's classification,the good intentions obtain constitution important document as well as two system's rationale and value basis.Third chapter and the fourth chapter separately the suitable question which the good intentions obtained to the idea payment under has carried on the consideration from the rationale and the value basis two levels,obtained under the idea payment to finally be suitable the conclusion which the good intentions obtained.