Research Of Obtaining In Good Faith

System of obtaining in good faith is an important system in modern civil law toprotect the security of transactions, promote the circulation of commodities.Nowadays, it extremely well reflects the pursuit of efficient value in civil law inincreasingly developed economy. Our real right law is also a landmark legislation ofobtaining in good faith. In this paper, on the basis of whole consideration of obtainingin good faith, as the start point of specific application, it discusses various legal issueapplications of obtaining in good faith. And through comparative analysis of varioustheories and legislation practices, the author presents the views and positions onvarious issues. And the author also clarifies the obtaining in good faith is a specialsystem to protect transactions and vested interests. It is necessary to consider thelegislative purpose when seeking answers to specific questions.First of all, this paper begins with the conceptual introduction of obtaining ingood faith, describing the definition, history, legal effects, elements and so on. And italso analysis the regulations of obtaining in good faith in our real right law as thetheoretical basis of following specific issues.Secondly, this part describes the application of obtaining property in good faith.Obtaining property in good faith is the most important content of obtaining in goodfaith system. Around specific application issues, it separately verifies and analysis theapplication of movable property escaped from owner，the recognized standards of“good faith”, the applicable impact of delivery methods, applying whether the “paid”as a precondition and so on. The author put forward the views of application difficulties. In additions, movable property applies to the general provisions ofobtaining in good faith, but not all of it. Part of the property should preclude the useof obtaining in good faith for its special nature.Thirdly，this part discusses the application of real property obtaining in goodfaith. The traditional theory holds that obtaining in good faith only applies to movableproperty and excludes the application of real property. But with the in-depth researchin the resent years, some scholars’ point of view has shifted gradually, and thelegislative practice in various countries affirms the application of real property as well.The author demonstrates the movable property as well as real property applies toobtaining in good faith in three parts: theory, legislative practice, realistic demands.And the author also analyzes the elements of real property obtaining in good faith.Fourthly, this part discusses the application of obtaining any other form of realright in good faith. It has a very positive meaning that the Real Right Law of the PRCrecognized obtaining any other form of real right in good faith. The research object ofthis part is pledge right, lien, mortgage right of real right for security. The authorbelieves that although there are some differences between obtaining any other form ofreal right in good faith and obtaining ownership in good faith, it should be allowed toapply in considering the protection of the security of transactions and the best use.Finally, the article considers and makes some recommendations to improve ourcountry’s system of obtaining in good faith. It is significance, for the first time,China’s Real Right Law formulated the system of obtaining in good faith and made upfor the gaps in legislation. But through comprehensive considering various factors,legislation is not perfect. Although the Real Right Law has been published over7years, it still needs some rethinking. On this basis, the author puts forward ownthinking and gives some advises to some parts of the system of obtaining in good faith,e.g. system layout, legal effect, elements, possession of detached property, in order totry the author’s best to improve the legislation of obtaining in good faith.