On Acquired In Good Faith The System Of Unified Structure

Our country's Real Rights Law is enacting, and the third draft publicized to the society for suggestions stipulated systematically for the first time the acquisition in good faith. Taking the draft's stipulation as a master tread, in view of the current legislation and research situation of the acquisition in good faith, and based upon the value goal of property transaction security and the logistic foundation of the indication validity of the acquisition in good faith, the article attempts to construct a systematized institution of acquisition in good faith. Taking this as a premise the author realizes a complete substitution of the theory of abstraction of the juristic act of real right by the acquisition in good faith. Besides the introduction, the article altogether is divided into four parts:The first part proposed the article's master tread, namely the stipulation on the acquisition in good faith in the draft of our country's Real Rights Law .But only using an article to stipulate the acquisition in good faith only means that the stipulation is very principal and rough, therefore more research must be done to have a more thorough understanding of the institution.The second part mainly provides a theoretical foundation for the unified structure of the acquisition in good faith. This part is mainly composed of two aspects to expound the rationality of the acquisition in good faith, one is from the view of value goal, the other is from the angle of logistic foundation.The third part is the key point of the article, it elaborates in detail the unified structure of the acquisition in good faith of the movable property and the real estate, the property rights and jus in re aliena. Firstly this part proves the unified structure of the acquisition in good faith of the movable property and the real estate, elaborates in detail the unity of the two in concrete structure: 1st, the dispositor has no right to dispose; 2nd, the paid transaction behavior must be done; 3rd, the grantee is in goodwill and does not have the significant error; 4th, the...