Research On Bona Fide Acquisition Of Moveable Property Escaping From Owner

The treatment for the corresponding legal relationship after the lost property is transferred has been regulated according to Article 107 in Property Law of our China. However, the law has not yet explicitly demonstrated whether the application of bona fide acquisition moveable system in the case about transferring lost property can be excluded by regarding Article 107 as an exception to the provisions of Article 106, which meanwhile causes great divaricating in interpretations. As a result, it not only brings confusion to the application of property law but also is not conducive to property circulation and trade safety maintenance.Taking the interpretation of Article 107 in Property Law as a breakthrough point, the author tends to explore more deeply the relevant issues on the application of property escaping from owner to bona fide acquisition moveable system. There are totally six parts in this thesis.The first part is "Introduction". This section has four aspects:the first is "issue proposing" accounting of the origin and purpose of this research; second, "Literature Review" describing the relevant information; third, "Research Methods" describing the research methods used in this article and writing ideas; the fourth is "research significance", noting the theoretical and practical significance of this research.The second part is "the relevant provisions and their analysis of property law". As the research focuses on relevant provisions of our "Property Law" and their disadvantages, the thesis, first of all, interprets the relevant provisions of our "Property Law", then points out the problems existing in these regulations and finally comes to the researching significance for the system of Bona Fide Acquisition of Moveable Property Escaping from Owner.The third part is "the comparative study on Bona Fide Acquisition of Moveable Property Escaping from Owner." In this section, the regulations about the Bona Fide Acquisition of Moveable Property Escaping from Owner in some countries which respectively belong to the civil law system and common law system are introduced. Meanwhile, a detailed comparison of advantages and disadvantages between them are provided.The fourth part is" the theoretical analysis for possession of property acquired in good faith". In this section the author carries on an in-depth analysis on theoretical level for possession of property acquired in good faith from the view of economics and sociology of law. Through the analysis, for the study establishes the theoretical foundation.The fifth part is the "the system improvement of Bona Fide Acquisition of Moveable Property Escaping from Owner." This part mainly tries to improve the system from three aspects including the application scope, application standards and exceptional cases.The sixth part is "conclusion." The part is a summary of the full thesis, emphasizing the author's view that applying property escaping from owner to bona fide acquisition moveable system conditionally is a system of more good than harm that should be adopted in future legislation.