Estate Bona Fide Possession System Research

The system of bona fide acquisition is from the ancient Germanic law of the "hand in hand" principle and the development, has now become an important legal system in modern civil law, contemporary, most countries in the world have the bona fide acquisition system in its legal system were determined. The rapid development of commodity economy today, have no right to dispose of the property often make the bona fide assignee transferee risk facing the ownership by the original owner to recover, and the system of bona fide acquisition is to hinder the risk and emerge as the times require. In the process of market transaction, bona fide acquisition system has important significance to protect the safety of transactions, lower transaction costs, property rights theory development and maintain social and economic order and stability, to promote the development of market economy enormous role.Because the theoretical research, legislative system of different countries, there is no simple will do the real estate whether bona fide acquisition to make uniform provisions. Our country promulgated "property law", the system of bona fide acquisition breakthrough chattel field to real estate, marking the bona fide acquisition system was officially legalized in our country, is the civil law of our country goodwill achieved significant breakthrough in the development of theoretical research and practice system, I also made a great undertaking of civil law on the. However, property law provides the system of bona fide acquisition, but did not clear the system of bona fide acquisition in movable and immovable property whether there exists difference between the applied, to solve these problems need to be further implement. In this paper, through the analysis of the concept system, bona fide acquisition of its theoretical basis and practical significance, legal value to the evaluation system of the acquisition in good faith, and focus on the analysis of the not applicable to bona fide acquisition system five kind of exceptions, with foreign advanced legislation experience more investigation, bona fide acquisition put forward their own the perfection of the system according to the suggestions from the author’s point.