Study On Bona Fide Acquisition In Regard Of Uncommissionary Possession In Chinese Civil Law

The institution of Bona fide acquisition plays an important role in civil law, and itstheory foundation is the publicity of possession. Bona fide acquisition has beenadopted in many country’s civil laws. Because of the importance of bona fideacquisition in protection of transactions, Property Law of the People’s Republic ofChina confirmed it for the first time. There is also regulation on bona fide acquisitionof uncommissionary possession in the Property Law of PRC. It is meaningful, but italso has some drawbacks.The paper is divided into three parts: introduction, text and epilogue. The textcould be divided into three parts, and the structure hereof is as follows:Part Ⅰ is the introduction of Bona fide acquisition in regard of uncommissionarypossession. With several cases at the beginning, it makes people rethink of thisregulation. This Part makes a brief introduction on the relevant law development inChina. Part I also makes an introduction on the important meaningful thinking aboutthe Bona fide acquisition, such as protection of property right, control of risks, fakeright appearance and the protection of transactions. At the end of this Part is thedefinition of uncommissionary possession in the theories; it makes comments onsome wrong opinions. Part Ⅱ analyzes the rights in Article107of the Property law of PRC, especiallythe system meaning, foundation, and contents of the claim of restitutionin in Article107.Part Ⅲ analyzes the Bona fide acquisition in regard of uncommissionarypossession other than the lost property. This Part discusses whether the Bona fideacquisition could be applied in thief booty, which is typical representative of theuncommissionary possession other than the lost property. The paper’s view is that itmay make an analogical application of Article107of the Property law of PRC.Study on Bona fide acquisition in regard of uncommissionary possession hasmagnificent and profound meaning, both on improvement of theory and oncompletion of the legislation. Although the Property law of PRC has made someregulation on this problem, studies of the details of this regulation and purpose oflegislation are still meaningful and it may be helpful for the practice of law andjudicial practice.