On Bona Fide Acquisition Of Stolen Goods

Bona fide acquisition plays an important role in civil law. The Real Right Law of the People's Republic of China has been implemented since Oct.1st,2007, which marks a major breakthrough in China's legislation on real right. It has been debated both in law studies and in judicial practices over whether or not the rules of bona fide acquisition are applicable to stolen goods. However, the question is not settled by China's Real Right law. Thus, further discussion remains necessary.The paper argues that the rules of bona fide acquisition can be applied to stolen goods. First of all, the paper introduces the definition and classification of stolen goods, analyzes the feasibility and necessity of bona fide acquisition rules being applicable to stolen goods, and examines the practices in foreign countries. Secondly, it should be concluded that the system covers stolen goods when taking into consideration of the value basis and practical significance of bona fide acquisition. The system protects the safety of transaction, i.e. static security. In the circulation process, stolen goods are, like other goods, also commodities. So the transferees should bear no obligations to verify the legitimacy of the goods'origin or to check whether the transferors have the right of disposition. Thirdly, it is unnecessary to classify stolen goods into entrust items and loot things, because such classification is not practically significant for either the original owners or the bona fide assignees. Finally, after analyzing relevant laws and regulations as well as current judicial explanations in China, the paper proposes some specific suggestions, which includes a discussion on applying bona fide acquisition rules according to the constituting features of stolen goods and a proposal concerning certain types of stolen goods.