Bona Fide Acquisition Research

Good faith acquisition of civil law system, as determined in the ownership ofthe property circulation and an important system, to protect the safety of transactions,maintain stable economic order has an important role. Most of the world with thelegislation form specified by the good faith acquisition system in our country, theproperty law, passed in2007and its specific provision, and innovation in good faithacquisition of provisions of the subject matter is not only the movable property, butalso include real estate; But, our country’s good faith acquisition system there arestill not perfect place. Therefore, the use of civil law theory and combining withother countries (or area) the legislation practice, the good faith acquisition system forfurther study, study, to perfect our country’s good faith acquisition system isnecessary.Through to the Roman law, Germanic law related principles and rules of theinvestigation, it is known that the system is based on good faith acquisition ofGermanic method of the "hand to hand" principle as the foundation, and with theRoman law has the limitation in the system of goodwill kernel, combining with thedevelopment of commodity economy in the need to protect the safety of deals anddeveloped, its legal theory is the principle of public summons and public principle isto make people "know", and to provide the principle is to make people "letter", thethird person occupies and registration people trust people with its trade andownership, the trust shall be protected by law.Good faith acquisition system including the following basic content: the goodfaith acquisition of personal property, because of the nature of the chattel is different,and which is divided into general chattel and special chattel two cases, it may beapplied to good faith acquisition of movable property system, special chattel itdepends, so not all chattels shall apply to all good faith acquisition system; Goodfaith acquisition of real property ownership, in view of the traditional civil lawtheory generally thought that only apply to good faith acquisition of movableproperty system, it is necessary to analyzes the good faith acquisition of ownershipsystem for legal basis and legal effect, About the pledge of movable property andlien can apply good faith acquisition, general rules of civil law and the property law,although did not make clear a regulation, but in our country theoretical circle andjudicial interpretation and judicial practice, are generally accepted, the theoreticalbasis and constitutions are clear.Our country has not been defined in the legislative level "good faith", and "good faith" is correctly apply the premise condition of good faith acquisition, whentrading a third person in good faith is the subjective goodwill how to judge, the lackof a operation is convenient, the combination of subjective and objective standards;"Matter right law" the good faith acquisition of the mortgage right, the good faithacquisition of stolen goods are not addressed. The good faith acquisition of themortgage right, mainly is the practice in good faith acquisition of the mortgage formeeting the need to resolve the case, and the decision of the legislation on the blankis not fair; Good faith acquisition system for stolen goods has is an unavoidableproblem, but the property law, this is not specified.In view of the above good faith acquisition of problems in the system, putforward the improvement Suggestions are: clear "good faith" determinationstandards; In establish legislation on the mortgage of the real estate mortgage,movable property good faith acquisition system; For stolen goods, in certainconditions for stolen goods can be good faith acquisition system, but must providemore strict conditions.