Research On Bona Fide Acquisition Of Thief Booty

Good faith acquisition system, to adapt to the needs of the development of the commodity economy, all the main countries in the world in the Civil Code can be established. China promulgated the Property Law which had formally recognized in good faith acquisition system in2007, however, it is a pity to steal thief booty is applicable good faith acquisition of this important problems do not explicitly stipulated. Thief booty whether it can be used in the theory of bona fide acquisition has been a controversy. If it can’t, it will deny third party’s interest completely; if it can, it will induce moral hazard. From the outside, there is no difference between thief booty and normal goods in natural attributes and commodity attributes. And because of his possession of thief booty, the people who have no right to dispose the booties can also produce public credibility. These factors make it possible for the people in good faith to obtain thief booty. However, because the bad guy stole or robbed firstly, if we accept the bona fide acquisition of thief booty absolutely, there will be some bad influence. The bona fide acquisition would be abused, which makes disposal of the booties more easily and harms the order of social economy. So, this article deems that the real right law of China should admit bona fide acquisition of thief booty with strict compositions.This thesis has five parts. The first chapter is the basic theory of good faith acquisition of thief booty, and it defines the concepted characteristic of thief booty. In the second part, the thesis introduces the legislative models of some countries all over the world, and it makes analysis of these different models. The third chapter is about the analysis of the current situation, it introduces and analyzes the handling thief booty in China at present, and then it shows the defects and shortcomings of the good faith acquisition of law of thief booty stealing. In the fourth part, the thesis disproves the reasons that thief booty shall not be obtained in good faith and analyses the rationalities of bona fide acquisition of thief booty, and concludes that bona fide acquisition could be admitted in our country with strict compositions. The last chapter analyzes the compositions of bona fide acquisition of thief booty, discusses the statutory public of the chattels needing to register and needing not to register, then it makes some Legislative Suggestions about bona fide acquisition of thief booty.