The Acquisition Of The Goodwill Of The Mortgage

The thesis consists of three parts:introduction, main body and peroration.The introduction states the main purpose of the bona fide acquisition and its development tendency in reality. With the provisions of Real Right Law and other judicial interpretations, it states that the legislation and practice of the bona fide acquisition in reality has been expanding to the field of movable property and real estate and even to other property rights. As there is no clear or specific provision on bona fide acquisition of mortgage, the controversy in educational circles on it is intense, which makes it difficult to operate in practice and needs some further research to clear and definite it.The main body includes three chapters. The first chapter is the overview of mortgage and bona fide acquisition, including principle description on mortgage as the first section and the overview of bona fide acquisition as the second section. The first section is mainly about the concept and natures of mortgage. While the second section is mainly about the two ways to protect the third party, including announcement and public confidence and bona fide acquisition, which leads to the analysis on bona fide acquisition. After compare them with each other, we find that bona fide acquisition is necessary and has its own advantages over the principle of announcement and public confidence, which paves the way for analyzing bona fide acquisition of mortgage below.The second chapter is mainly about why mortgage can apply to bona fide acquisition, which consists of chattel and real estate two sections. It reaches the conclusion that chattel and real estate mortgage both are suitable for using bona fide acquisition by the way of analyzing the theoretical controversies and basis of bona fide acquisition of mortgage. What should be noted is that the dispute of bona fide acquisition of real estate mortgage is focused on if real estate could be used on bona fide acquisition, and as chattel mortgage does not demand the mortgagees enter upon the guarantee, which does not accord with the requirement of transferring the occupation of subject matter in bona fide acquisition of ownership of the movables. However, after particular explanation it reaches the positive conclusion.The third chapter, the juridical practice and system improvement on bona fide acquisition of mortgage, consists of three sections which are juridical practice of bona fide acquisition of mortgage, how the chattel and real estate mortgage apply to bona fide acquisition. The real juridical practice as the start of this chapter not only provides the direction of research in below, but also strongly proves that bona fide acquisition of mortgage has been operated in reality. Also, the second section consists of elements of bona fide acquisition of chattel mortgage and how to make it perfect two parts. The third section is about factors of bona fide acquisition of real estate mortgage and solutions to balance different interested parties.The last part is peroration. From the whole text, we get the rationality and necessity of bona fide acquisition of mortgage. It can be confirmed that mortgage is able to apply to the bona fide acquisition system and has significance both in theory and practice.