The Good Faith Of Good Faith Acquisition System

The system of bona fide acquisition is a very important system in the civil legislation of countries all over the world, it is be of great advantage to maintain the whole market economy of the transaction security and the market economic order stability. China’s traditional civil law has been actively discussed whether good faith apply only to the real estate, some scholars believe that the real estate property and movable property is different at the appearance of right of publicity, real property registration credibility is strong, it can exclude the application of the system of bona fide acquisition and turned to other legal remedies. The majority of scholars from the need of China’s actual conditions and the protection of modern transaction order stating that bona fide acquisition system shall also apply to the movable and immovable property, the debate has accompanied with the whole process of the development of China’s "property law". China’s "property law" promulgated the implementation in 2007, the 106 th article mainly establishes the system of bona fide acquisition. From this stipulation we can see that the legislation adopted the opinion that real estate can apply the bona fide acquisition system, but the problem is that article 106 th of the bona fide acquisition system suitable to take "integration" manner required, that is to say it has not distinguish movable and immovable property when application bona fide acquisition situation, it has only a general rule to move property and real property for the requirements of bona fide, and the article brings confusion among the theoretical circle and practice when application the bona fide acquisition. This article on the premise of China’s "property law" the provisions of article 106 th, in good faith perspective respectively examine movable and immovable property acquired in good faith for the specific application, especially the different requirements for the elements of the composition of the goodwill. Wish to clear the difference of movable and immovable property acquired in good faith the lord of applicable object, the judgment standard, bona fide certification,the point of good faith, and eliminate the confusion of "applicable brought crude of the real right law" when apply the article 106 th. In order to solve the above problems, this paper takes the "good faith" to determine the research as the center, in addition to the introduction and conclusion, this paper is divided into three parts.The first part, through the system of acquisition in good faith in the "good faith" of the subject and object of discussion, decided "the scope of objects of protection applicable subject of goodwill" and applicable object of "good faith". As for "bona fide" and the connotation of the criteria for judging the discussion of issues providing theoretical foundation.The second part, movable and immovable property acquired in good faith system application is different, mainly in the "good faith" of the judgment standard, and the burden of proof and the point of “good faith”. At this part, the apply of movable property of "goodwill" will be discussed. Through comparison and analysis, summarize the various countries to the "good faith" judgment standard, carries on the discussion to the "good faith" point according to different chattel delivery mode.Beside, this part also discusses the acquisition of movable property in good faith system of distribution of burden of proof and the proof responsibility.The third part, mainly discusses the real estate bona fide acquisition system of judge standard, the point of “good faith”, namely "application" and "registration" argument, and give my own opinion. Finally, combines with the case to discusses at the immovable property who shall be take the burden of proof distribution of bona fide acquisition and the content of the burden of proof.