The Good Faith Of Good Faith Acquisition System

Good faith acquisition system has been an important system in the field of civil law since the latter-day era. This system has played an important role in balancing safety and security of the trade property. With the theorists’research and discussion, this system is becoming more reasonable and perfect. However, in our country, theorists pay more attention to the object and consideration than good faith. The author thinks that "good faith" is the most essential element which we should concentrate on. Only we grasp the definition and the judgment standard of the "good faith" can we do better using this system to solve problem in practical. Except the introduction and conclusion, in this paper, the "good faith" in this system is discussed from four parts.The first part of the paper analyzed international scholars works and got three kinds of theories about good faith. Through briefly explaining and comparing the origins and characteristics of these theories, we can find different advantages and disadvantages of the theorises, which lay a foundation for the analysis below.The second part listed the legislation examples of good faith in mainland China and Taiwan, and then discussed the different viewpoints about "good faith" of different scholars, including the definition of "good faith", the judgement standard of good faith and so on. And then summed up the general point view of scholars.The third part mainly summarized and analyzed some foreign legislation cases, mainly from Germany, Switzerland, Japan, Italy, Austria’s legislative cases. Through the analysis we can better understand the spirit of good faith, and other theories can provide reference experience for our country’s legislation and judicial practice.In the fourth part, the author summarized the factors should be considered when confirm the "good faith" through the comprehensive of the above analysis. We can confirm the concept from the subject of acquisition in good faith, standard of acquisition in good faith, begin time of acquisition in good faith.In this paper, through analyzing an essential element of good faith acquisition system, the grantee’s good faith, I proposes my immature viewpoint, expecting to reconstruct the good faith acquisition system from a new angle of view, and give some inspiration to our country’s judicial practice thereby. Appreciate for your criticizing.