Bona Fide Acquisition

The system of "Acquisition in good faith" is the very important one in the systems of "Jus in re". It has the special important signification to protect the interests of "The third part in good faith", maintain the security of bargain, promote the circulation of commodities and increase the wealth of society. Currently, China is carrying through the legislation of civil law. So, making a general pectination on the system of "Acquisition in good faith" is very important. There are lots of disputes in academia about this system, such as the scope of application or the constituting conditions. But about the relationships between the system of "Acquisition in good faith" and other correlative systems, scholars don't think much of it. And this neglect will make negative influence to our legislation and the activities of judicature. The intention of this article is, by the general pectination of the system of "Acquisition in good faith" and combining the activity of legislation of civil law in China, affording a thoughtfulness to the establishment of the system of "Acquisition in good faith" in legislation.There six parts in this article. The anterior two parts present the background knowledge of the system of "Acquisition in good faith", including the historical development of this system and the provisions about it in the codes of civil law in various countries, and thereunder of legislation of the system of "Acquisition in good faith"; the posterior four parts make a detailed pectination about the concrete contents of this system. Concrete statement as followed:The first part: the historical evolution of the system of "Acquisition in good faith". This part makes a concrete introduce about the development of the system of "Acquisition in good faith" in Continental Family and Anglo-America Family, and the provisions about the system in the codes of civil law in various countries. In addition, this part still makes an introduce about the status of the system in actual legislation and the legislative trends in China.The second part: the legislative thereunder of the system of "Acquisition in good faith". This part makes a illumination about the social economical thereunder, academic thereunder and significations of the system of "Acquisition in good faith".The third part: the scope of application of the system of "Acquisition in good faith". This part illuminates that this system is primarily applied to chattels and estates in special conditions. In this part, the author makes a concrete illumination about the chattels as the object of this system, the exceptional provisions and the exceptional provisions of the exceptional provisions. In addition, this part still makes an introduce about some special chattels applied to the system, such as "Jus in re alien", the commercial secrets, etc.The forth part: the constituting conditions of the system of "Acquisition in good faith". The constituting conditions include: object condition (mainly applied to chattels, thing possessed under entrust); subject condition (the transferor is a person having entire ability of civil action and he is the legal person possessing the object; the transferee cannot be a person with naught ability of civil action); impersonality condition (the transferor makes a transfer having no right, the transferee gets the practical possess of the property through a valid and costly trade); subjective condition (the transferee is in good faith).The fifth part: the relationships between the system of "Acquisition in good faith" and other correlative systems, such as "no right transfer", the theory of the change of "Jus in re", possess altering, ownership holding, etc. Through this work, the author intents to make the system of "Acquisition in good faith" be applied correctly in justice.The sixth part: the legal effectiveness of the system of "Acquisition in good faith". This part includes three aspects: the legal results of "Acquisition in good faith", the relief to the party who has loss, the right of claim for getting back wh...