Notes On The Rights Of Acquisition In Good Faith

This paper discusses the Bona Fide Possession of Bill Rights by use of nomology and comparative jurisprudence. Except the foreword and tag ,this paper is composed of three parts.Each legal system has its' resource and reasons of arising existing and developing. The first part of this paper introduces the concept and nature of "Bona Fide Possession of Bill Rights", analyses the legislation in different countries, and profoundly discusses the logical basis of "Bona fide Possession of Bill Rights" from the points of view of history development i.e. the principle of proclaimed rights, and the practical basis of protecting exchange safety. The second part of this paper is named as "Concrete System of Bona Fide Possession of Bill Rights," including "ingredients" and "legal consequence" of Bona Fide Possession of Bill Rights. In the part of "ingredients", this paper discusses the four elements which constitute the concept of Bona Fide possession of Bill Rights: valid endorsement, untitled endorser, endorsee with goodwill, and reasonable consideration, on the basis of the legislation of different countries in light of relative cases. In the part of "legal consequence", this paper stresses the relationship between true beneficiary and endorses in goodwill. The author insists that the endorsee in goodwill has the final right to gain the rights of bill, and the true beneficiary, can't claim for recovery or compensation. Further, the author of this paper has discussed the benefits enjoyment and liabilities assume among true beneficiary, untitled endorser and endorsee in goodwill. The third part of this paper concerns the comparing analysis on Bona Fide Possession of Bill Rights and that of Chattel. Not only the coherence and difference of general designs of the two systems in the views of different values of Civil and Commercial Law have been discussed in this part, but also the details have been discussed and analyzed. The author mainly points out the effects on the two legal systems caused by Untitled Owner for Stealing and Gleaning, Severe Negligence, Consideration etc.