Research The Validity Of The Contract In Good Faith Acquisition System

The French civil code betrayed the basic theory of Roman law, reformed theacquisitive prescription of Roman law and customary law of Paris, then establishedthe good faith acquisition system. After that, BGB distinguished the definition ofproperty rights and creditor’s rights by the German Pandekten jurist’s continuousefforts, eventually developed a self-contained system of good faith on the basis of thepublic credibility of property rights. In theory, good faith acquisition system itselfneeds the transfer contract as the constitutive to have achieved the basic logicalrequirements in both French mode and German mode, that is, transfer contract shouldbe simply have not other flaw except unauthorized disposal. After good faithacquisition established, transfer contract between the assignor and the assignee shallbe deemed to be valid, under the influence of the transferee’s goodwill, realcredibility and the rule of fake right appearance. It must be differentiated from theeffect of the contract of unauthorized disposal, because the rule of fake rightappearance could fill the defects of unauthorized disposal only under applicable ingood faith acquisition system. Until2007the106th of the "property law" officiallybuilt good faith acquisition system in law in China. The clauses of the effect of thecontract of unauthorized disposal are ruled in the relevant contract legislativeregulation. But there’re not any clauses to rule the effect of the contract in good faithacquisition system.This paper is divided into four parts except the introduction. The first partexpounded two modes of good faith acquisition system from the aspects of historyand comparative law, and analyzed the effect of transfer contract in both modes. Thesecond part theoretically analyzed the relation of good faith acquisition system andthe principle of public summons of real right. The third part divided the transfercontract in good faith acquisition system into two stages before and after good faith acquisition established, affirmed the importance of established the rules of “transfercontract should be simply have not other flaw except unauthorized disposal” and“transfer contract between the assignor and the assignee shall be deemed to be validafter good faith acquisition established”. The fourth part analyzed the loophole in thelegal system and the coordination between the law rules from the lawmaking in ourcountry.