Analysis On The Elements Of Bona Fide Acquisition

As an important rule，Bona fide acquisition is defined in article106of the"Property Law" for the first time, and now the "Property Law" issued nearly six years.The article has been applied in the judicial practice many times as the basis of thereferee.It played an important role in the security of transactions,the specificationchanges in property rights, and the protection of bona fide of the third party. Thearticle106of China’s "Property Law" provide three elements of Bona fide acquisition:good faith, reasonable prices, elements in publicity of changes in property rights.Thisthesis focuses on the first two elements of "good faith" and "reasonable price".It isdiscussed in three chapters:Chapter1is about the basic theory of the bona fide acquisition,which includesthe legislation survey of Bona Fide Acquisition, bona fide acquisition in judicialpractice in China, and the Court’s judgment in "good faith" and "reasonable price"Elements; besides, the author also investigates the legislation in others countriesconcerning the elements of Bona fide Acquisition. Most civil law countries don’tfocus on the "reasonable price" but the proof of "good faith". But in the common lawcountries as well as china,the elements of "reasonable price" and " good faith" areprovided in laws.Chapter2is mainly about the element of the "bona fide”.Firstly discusses theelement of "bona fide" in the judicial practice and traditional theory in civillaw;Secondly,with regard to the nature of the third-party protection, to explore therelationship in good faith and protection of the third party, analyses two branches ofthe "subjective good faith" and "objective good faith"; Thirdly, with the principle ofproperty rights announcement and the transfer of property rights without reason,prove the reasonability of "objective good faith";Finally, the author discusses how to specify the "objective good faith" of the third party.Chapter3is mainly about the element of the "reasonable price" in bona fideacquisition.Firstly started with the element of "bona fide" in the judicial practice,onthe basis of the legislation in others countries, combined with problems in the practiceand the views in traditional theory, the author discusses the necessity of "reasonableprice "in bona fide acquisition., as well as how to properly understand the position of" reasonable price "in bona fide acquisition.Therefore,"reasonable price "can only beused as the court referee in good faith of the third party.That is,the obviouslyunreasonable price may lead to malice of the third.And the other party can use it toprove that the third person is malicious.