Bona Fide Acquisition Of Legal Research

The system of acquisition in good faith is an important legal system in continental legal system and Englo-American legal system. It originates from the rule of "Hand Muss Hand Wahren" of Germanic law. It also absorbs the requisite in good faith in the system of usucaption in Roman law and develops gradually. It concerns about the questions of priority and choice between the static safety of the right of possession and dynamic protection of trade of property and so on. It is of much importance to construct the system of acquisition in good faith in order to protect the legal rights of the third party who acquire the property in good faith. In trading, the party often can't know whether the opposite has right to deal with the property. Therefore, if the buyer return the transaction because the transfer has no right to dispose the transaction become out of effect, the buyer return the transaction, the present legal relation of property will be destroyed and the buyer will feel unsafe, the transaction will be effected. So you can see the system of acquisition in good faith somewhat limits the retroaction of the right of oppossesion deprive the interests of the owner. But seen from protecting the safety of transaction promote the transportation it is more important so nowadays world, many countries and zones have established the system. As far as our country, We admit the system in special law and explanation of legislation. But because the concept, constitutes, legal effect have not been established , the complete system of acquisition in good faith has not been established in legislation. Admitting the system is of much importance.The article includes four parts: Part 1 analysis the source of the system of acquisition in good faith and the establishment and comparison to the system of acquisition in good faith of two legal systems. Part 2 expounds the conflict and balance of acquisition in good faith and disposed without power. Part 3 expounds the relative establishment of acquisition in good faith and the gist of establishing the system. Part 4 outlines the concept and constitutes and makes suggestions on perfecting the system of acquisition in good faith in our country.