A Study On Bona Fide Acquisition

The system of bona fide acquisition is an important system in civil law. Alongwith the progress of society and the continuous development of commodity economy,the system of bona fide acquisition has become the important means to protect rightsand transaction. Researches on the system of bona fide acquisition go further andfurther, and legislation for the bona fide acquisition is becoming more and moreperfect. The system of bona fide acquisition is clearly stipulated in Article106of TheProperty Law of our country. Although this provision is not perfect, it is our formallegal recognition of a milestone for bona fide acquisition. This article will introducethe system of bona fide acquisition from three parts:The first part mainly introduces the history and the basis of establishment of thesystem of bona fide acquisition, as well as specific provisions of the system of bonafide acquisition in our country. The system of bona fide acquisition is based on theprinciple of "hand in hand" in Germanic law, absorbing the short-term prescriptionsystem Roman law. The emergence and development of the system of bona fideacquisition not only has deep theoretical foundation, but also has actual valuefoundation, and is beneficial to safeguarding the security of transactions. Before thepromulgation of the Property Law, China has no definite recognition of bona fideacquisition. In practice it is only relevantly regulated in judicial interpretations and isnarrow in scope. The promulgation of the Property Law not only opened the first riverof legislation to determine the bona fide acquisition, but also provide accordance for the research of bona fide acquisition of Chinese scholars.The second part mainly introduced the constituents of the system of bona fideacquisition. First of all, the transferor must be the occupier of personal property andthe unauthorized disposition person. In second, the assignee shall act in good faith. Besure to pay attention to the standard and time of good faith. Third, the ownership orother material right should be transferred by acts of civil law. There must be paidtransactions between both parties. In fourth, the transferor has delivered the personalproperty to assignee, including Simple Delivery and Ideological Delivery.The third part mainly introduced the range of application of system of bona fideacquisition. The system of bona fide acquisition is only applicable to personalproperty, do not apply to real property. The system of bona fide acquisition is not onlyapplicable to the Owner’s Right, is also suitable for other material rights. This articlemainly introduces the situation of mortgage, lien and the pledge applying bona fideacquisition. After comparing different countries’ provision of bona fide acquisition ofstolen goods and forgotten property, the article introduce that stolen goods andforgotten property do not apply to the system of bona fide acquisition.The fourth part introduced the legal effects of bona fide acquisition from realright and creditor’s right viewpoint. The ownership of the personal property belongsto assignee and the original owner does not have the right to ask him to give back. Atthe same time, a relation of obligation and debt occurred between the original ownerand the unauthorized disposition person.