Bona Fide Acquisition

On the basis of studying in general theory of the system of Acquirement in Good Faith, the thesis carries on further study of some key constitutional problems. On contrast of the legislation systems of Acquirement in Good Faith abroad, and combine the law provision and existent blemishes of he system of Acquirement in Good Fai of our country, the thesis puts forward some opinions and suggestions with the core contents that the system should include.The system of Acquirement in Good Faith is that with the intention of the movable property removal or other real rights of the ownership of enactment, the occupant of the movable property calls away the occupancy in good faith and transfer it to the third people, the good faith assignee is still commendable to get the movable property ownership or other real rights, even the occupant doesn't have the right of disposal of the movable property. The system bases the design of the German law system, and absorbs the important item of Good Faith within the time limited efficacy system of the Rome law, thus can become. Inherited and developed by all modern countries, it has become an important system in all countries of both Civil Law and Common Law System .The reason that the system can exist and develop lies in that it has special value and functions in supporting the normal order, protection of the commodity exchange benefits right of the original person, reducing the waste of resources, assignment of the risk responsibility fairly and reasonably, exertive economic effect etc.There are many disputes about the theory of the system of Acquirement in Good Faith rather, while the most important to mention are the time limited efficacy, Look like and say outside the right, the law endows with the power, occupancy the protection, law special the provision etc. The author thinks that the theories of the system of Acquirement in Good Faith should base on special rules of the law.In study of the system of Acquirement in Good Faith, emphasis should be laid on the important constitutional items, the law results and a related problem- the reply ofthings without occupancy. The important constitutional items should include five aspects: The assignee proceeds in good faith, the assignor has no right to dispose property, the subject matter is a law-allowed current property, the assignee obtains the movable property ownership through a legal act with compensation, and the subject matter as movable property. According to" The real right disposing" and an equal footing justice principle of civil law, once the important constitutional items of Acquirement in Good Faith are established, it will give rise to the ownership removal and original owner benefits compensation and right relation between original owner and assignee, original owner and assignor. For things that don't apply the system of Acquirement in Good Faith which the occupancy has escaped from, such as the thief s booty, the losing thing and the forgetting thing, the mistake-taking thing etc, the original right person possesses the gratis reply claim power within a certain time. If the thief s booty, the losing thing etc. are bought from sale place, open market or businessman who sells same things, the original owner can only possess the paid reply claim power. For money and bearer security that haven't character, the reply claim power is invalid.To study the lawmaking mode and characteristics of the foreign Acquirement in Good Faith legislation systems, this text emphasize to investigate Prussia general national method, civil code of Austria, France, Japan, Germany and Switzerland, Angola-Saxon law, Normandy law in Common Law and relevant law of Britain and America and get three apocalypse: First, only the movable property applies the system of Acquirement in Good Faith in all countries, while the realty doesn't; Second, the definition of Acquirement in Good Faith mainly is divided into" extreme law" position and" neutral law" position; Third, by the lawmaking arrangement, the system of Acquirement in Good Faith all are ruled in the civil code real right article, even in different chapters.Through the investigation on the system of Acquirement in Good Faith of our country from Manchu dynasty, it can seen that the current lawmaking and judicial actual situations of our countries have already admitted that the system of Acquirement in Good Faith , but comparing to the same provisions of the system of Acquirement in Good Faith in both Civil Law and Common Law System ,the system of our currentlaw are still far from perfect, especially the article 51st of (( the contract law )) even limits and compresses the existence space of the system of Acquirement in Good Faith. To establish a perfect system of Acquirement in Good Faith of our country, in reference of the foreign lawmaking experience and according to our country's actual situation, the author thinks that we should properly adopt the" neutral law" position when establishing real right law about the system of Acquirement in Good Faith, and makes some concrete lawmaking suggestions for the assignee, assignor, subject matter, ownership transfer pattern, law result, gratis reply of things without occupancy, paid reply of things without occupancy, invalid reply of money and bearer securities and the 51st provision of 《 the contract law 》 .