The Application And Expansion Of The Real Right Bona Fide Acquisition

Bona fide acquisition system is a fundamental principle in valuing judgment between“static” security and “dynamic” security. This system is used to help the bona fide acquirers to acquire the property legally from the third party in good faith, gets the property,deny the ownership, therefore, it can maintain and encourage the safety of the transaction.Since the Real Right Law was promulgated, this system was only listed in a few judicial explanations without clear definition, although it was supported by Civil Law theoretically and by Judiciary practically. With the publicing of the Real Right Law, the system extends from the movable properties to the immovable properties for the first time,in another words, from the “dynamic transfer” to the “static fix”. Bona fide acquisition system was only applied to the movable properties previously, the system expands its scope of application to include the immovable properties based on experience gained from trial practice and the research findings. This is a great innovation in the property legislation in our country, which is a characteristic of the Real Right Law of our country. This breakthrough legislation of it as well as the definition about the bona fide acquisition of special properties, such as lost property etc, which had caused a huge debate about the restriction and the expansion of both property ownership and bona fide acquisition of other properties in the academia. Nevertheless, there is not more specific theoretical system on the restriction of bona fide acquisition; therefore, we are only at the exploring stage about its understanding and application and even leave some areas of legal practice untouched.What is the definition of the “bona fide”? and the restriction about objectives of“acquisition”? Is it appropriate to extend its application into other areas of legal practice?In order to resolve the confusion of Bona fide acquisition system in legal practice, as well as prevent it 's abuse, I select the topic to provide my point of view by exploring the meaning of the establishment of bona fide acquisition, referencing to academic opinions and foreign law systems, combining with national conditions and the law of our country law, analyzing limited applicable situation of the lost-obtaining property and the immovable property, etc. and providing my opinion of extending the application of bona fide acquisition to other properties, which may serve as a useful reference in its future legal practice.