On Bona Fide Acquisition

The Bona Fide Acquisition(BFA) is an important system in Real Law. When the two parties have good faith issues in transaction, the system will make by additional regulations which will sacrifice the stillness safety of property to protect the moving safety of property ,and will get an interest balance between the two parties in transaction .The system , which breaks the legal order centered by the private rights in recent century and meets the development of commodity economy, contributes to stabilize the economic order, protect the safety of transaction and promote the convenience of transaction . However, with the rapid development of socialist market economy in China, the BFA hasn't been regulated formally. On some extent it has some by-effect on the economic development on some extent. So it is very important to regulate the BFA in Real Law in China. In the text ,the paper begins with the legal limitation about the system, realizes the relevant contents, pursues the origin of the system ,and points out its necessity that the system should be founded in China .At the end there are some author's own advices about the system.The text can be divided into three parts.First, the legal stipulation On the BFA.This part introduces theBFA: One that is originally obtained naturally ,the other is one that based on theory, practice and ethics.The system applies only to chattels ,and produces the legal effect of the alteration of real right and emerging the relation of credit and debit .This part emphasizes on the constitutive conditions ,and analyses the conditions particularly by unique angle which is including subject condition,object condition,subjective condition and impersonality condition.Second, analyses the origin and history of the BFA. It begins with Roman and Germanic Laws and traces back to the origin of the system, then introduces some countries' legislation in Civil Law and Anglo-American Law systems, and how the BFA was established. Finally , concerning the Civil Law in China in which the system how to be stipulated, at the same time points out that the BFA has not been mentioned yet.