Research On Loot Acquired In Good Faith

Acquired in good faith, with the rapid economic development of modern society, increasing emphasis on civil and commercial laws conform to the world's dynamic security protection of property, the development trend in world development and the mature phase of a major civil law system is an important property in the contents of the system. Tong said that the Innocent from the Germanic law "to hand-hand" principle, as the market economy on the fast transaction security and the urgent requirements developed. In the protection of the interests of bona fide third, maintaining security and order throughout the transaction, commodity trading to encourage and promote the effective use of materials, an increase of social wealth and so significant.In China, the Innocent experienced only by the long-standing recognition of the theory and judicial practice, to the 2007 "Property Law" provided with special provisions to achieve the Bona Fide Acquisition Legislation. However, "Property Law" made in good faith the provisions of the constituent elements, provides for the rights acquired in good faith after the original relief of the way the rights and interests, and even clear the Lost approach into their trading procedures good access to the system on the application of the stolen property has not been acquired in good faith will be similar to the issues in the field of view, we can not say that the current system of a defect acquired in good faith. And clearly the issue for the better protection of property ownership and full economic utility, and even the building of a socialist market economy, meaning a great deal."Stolen property", is mainly a term on the criminal law, is only a procedural concept. To their physical attributes and properties in terms of commodities, and other general merchandise no essential difference; possession of credibility with the public notice, pursuant to a transaction the trader, was a legal act is valid. If the complete denial of stolen property for acquisition in good faith, Therefore, this article in good faith to achieve a system of meaning, in real terms, the theoretical basis to sort out basic issues on the basis of an attempt by the civil law of stolen goods, stolen goods in the transaction on the ownership legislation to conduct a longitudinal study, application of Loot analysis of the legitimacy acquired in good faith, and then raised the issue of stolen property acquired in good faith a Solution-stolen property acquired in good faith for the system in principle, rights of indigenous people within a certain period of time to enjoy the right to request a reply on the matter, but over the period eliminate the right of the request, the occurrence of the goods acquired in good faith transferee consequences.