Several Studies In Good System

Good faith acquisition system is an important policy in the recent civil law, it involves the value of ownership protection and transaction security in the civil law,its purpose is to protect the security of transactions. Prevailing view is that, good faith acquisition system derives from the principle of "hand muss hand wahren" in Germanic law.In modern times, good faith acquisition system is based on Germanic law, and to take in the prescription system to obtain the goodwill elements. As the system adapt to the development of commodity economy, help stabilize the economic order, to protect the safety of transactions, facilitate transactions convenient, so the system has been recognized by civil law in most countries. China issued the Property Law in 2007,which is the first time specified good faith acquisition system in legislation, this is an important breakthrough in our country. But lots of debates still remain, such as the link between unauthorized disposition system and good faith acquisition system, the applicability of the possession reformulation acquired in good faith acquisition system, etc.In order to discuss these problems, this article analyzes the theoretical basis and value of good faith acquisition system, combining with the legislative practice and different views in other countries,to analyze the components of the system, puts forward some improvement suggestions on these problems:the link between unauthorized disposition system and good faith acquisition system, the applicability of the possession reformulation acquired in good faith acquisition system, the remedy for the original obligee and the third person in good faith, and the application scope of real property.The first part of this paper mainly expounds the legal principles and value of system good faith acquisition system.According to Property Law, good faith acquisition system means when a person who has no right to dispose others’subject matter deliver the subject matter to a buyer,the buyer will obtain the ownership if he get the subject matter in good faith,and the original owner shall not ask the buyer to return, but only can ask the transferor to make conpensation. The author thinks that the good faith acquisition system choose to protect the dynamic order, this choice is based on the public credibility of possession.The essence of good faith acquisition system is the protection of the safety of transactions. After value judgment,between protection of proprietary right and safety of transactions, good faith acquisition system choose to respect the legality an certainty of transaction between market participants, it is more meaningful to give up some rights of the original owner to protect the interests of third person in good faith. Good faith acquisition system reconciles with the flow of things, fully reflects the desire of wealth rapidly growing social ideals.The second part mainly analyzes good faith acquisition system in some of a typical civil law countries and regions, start with its historical origin--Roman law and Germanic law, including France, Japan, Germany, Switzerland and China Taiwan and other countries and regions.Through the analysis, we can find that theoretical bases in every country are very different.Author find that the model of real right alternation made great influences on the real right system, by comparison will help us further our good faith acquisition system.The third part mainly through the generation and development, current situation and constituent elements to analyze the problems of good faith acquisition system in our current property law.In this part, author discusses problems about the validity of unauthorized disposition contract, the remedy of original owner and purchaser of real estate in good faith, application scope of real property,and the applicability of the possession reformulation acquired in good faith acquisition system,combining with some typical cases in our practice,comes up with the main problems existing in the present legislation in China.The fourth part puts forward the suggestions of the system about above issues, which aims at making legislation to be more perfect, and better guidance to judicial practice.