On The Acquisition In Good Faith Application Of The System And The Conflict Of Laws

Gaining negotiable instrument in good faith, specified in Property Law, isoverwhelmingly accepted and stipulated in explicit terms of modern legislation;however, it's not been regulated in the General Principles of the Civil Law of thePeople's Republic of China. It is fragmentarily and unsystematically interpreted only insome law of bottoms without any recognition in theory and legal practice. It should benoted that in China good intentions acquisition system will be surely carried out in thecoming civil legislation. The thesis is devoted to the thorough analysis of the good intentions acquisitionsystem, and begins with depiction about the system's definition, constituting factors,basis, applicable range of movable property, the probability of Gaining negotiableinstrument in good faith, conflicts between unauthorized disposition and gainingnegotiable instrument in good faith. The emphasis of my thesis is laid upon Part III, VI,and V, which stresses the point that the traditional gaining negotiable instrument in goodfaith system is not actually applicable to all movable properties or without potentialenlarged space though it is the gaining negotiable instrument in good faith of movableproperty. In addition the thesis proposes to analyze whether or not the Jura in Aliana andreal property are applicable to the system, meanwhile presents my personal ideas.Furthermore, the thesis also gives enough analysis to the conflicts between Principle ofAbstract Real Right, Principle of Summons in Public for Real Right and gainingnegotiable instrument in good faith. I figure that the above-mentioned three have theirown respective functions and exercising space without loss of either. Unauthorizeddisposition and Gaining negotiable instrument in good faith with different values shouldnot be neglected because of their close relations.In Part I, the concept of the Gaining negotiable instrument in good faith system getdefined and clarified, and it is further explained in the aspect of constituting factors. Thethesis, thus, has a possession of detailed and defined applicable range, which lays aprofound foundation on the following analysis.Part II looks at the forming and existing basis of the system. The groundings of thesystem existence are revealed by means of analyzing its origin, existing theoretical basisand economic condition. On the other hand, by comparing laws in different countriesChina can learn more and make up our shortcomings, and eventually promote China'slegal development.Part III is centered on the analysis of general condition and exceptions in gainingnegotiable instrument in good faith. Not all the real property is applicable though thesubject is usually restraint to it. What's more, differences in delivery will influence itsapplication;meanwhile, the applicability of gaining negotiable instrument in good faithon Jura in Aliana gets unfolded, which is expected to enlarge the scope of the system.Part IV revolves around whether or not the real property applicable to the system.Gaining negotiable instrument in good faith is traditionally limited only to the movableproperty, while application on the real property will do serious harm to the interest ofproperty holders. However, it is usually acknowledged that its application possessessolid nomological reference. On account of the significance of real property dealing,gaining negotiable instrument in good faith will harm the possessor's interest though theacquisition protects the third-party right. Therefore, the application should be strictlyrestricted, and the best way to achieve the goal is to regulate the important document inaccordance with the law so as to keep its balance.Part V focuses on the relations between the system and the unauthorizeddisposition. In the first place, unauthorized disposition is the premise of the gaining ingood faith—it will not arise with the existence of unauthorized disposition;in themeantime, the two differ in the value judgment, namely the former stresses theprotection on the property possessor's interest, while the latter on the good-intentionthird-party interest and how to keep the best balance between the possessor and the thirdparty;unauthorized disposition can be reached only under the third-party goodintentions, otherwise the possessor's interest should be put on the priority and wellprotected. The two can live in harmony though they are in conflict in value judgment.Part VI sheds light on the relations of three parties, providing ways to make up forthe loss of interest. The original possessor will suffer from the loss of ownership andJura in Aliana etc, and the possessor can refer to the nomology of the contract, tort,illegal profit, or spontaneous agency so as to ask assignor for the damages and thereturn of profit. The objective of the gaining in good faith is to protect the interest of thegood-intention third party and maintain the business security. Without negligence of theloss of the original possessor, however, it can be remedied in a variety of means.In the final place, the thesis concludes that its existence is quite necessary;moreimportantly studies upon it is on the further development and its application is notrestricted to the movable property proprietary;and to gradually extend the system stilldeserves deeper research.