On The Application Of The System Of Bona Fide Acquisition

In china’s jurisprudence, Bona Fide Acquisition System is a traditional theme with a lot of researches and studies. And it’s become a cutting-edge topic since the Property Law issued in 2007, which broaden the span of property rights. However, this brave step didn’t change the situation. The problems of Bona Fide Acquisition is still unsolved. There are many disputes about obtaining with bona fide in practice, and there are many different opinions on the article 106 in "People’s Republic of China Property Law". Its important and difficult to apply Bona Fide Acquisition appropriately in practice.Therefore, newly"Supreme People’s Court on the application explanation <People’s Republic of China Property Law> Issues (a)" issued for explaining and demonstrating some points about obtaining with bona fide. However, there are still many problems about the application of Bona Fide Acquisition System. For example, there is no clear standards to identify the act of acquisition with bona fide, there is no definition for timing judgment, how much shall be the appropriate price, which payments are acceptable? Is it appropriate that all means of property publication can be the components of acquisition with bona fide? Besides, there is no norms for special property right to apply acquisition with bona fide. These issues will be discussed in the thesis with some related suggestions. Except for Foreword and Conclusion, the content is divided in five parts. First, the thesis discusses how to identify the acquisition with bona fide by learning components. Then, the thesis analyzes some real cases about special property rights applying to acquisition with bona fide. Finally, according to the legal consequences of obtaining with bona fide, the thesis analyzes the acquisition with bona fide comprehensively for better application.The first chapter is Foreword, introducing the origin and the mainline of the thesis.The content begins in the second chapter and the system of obtaining with bona fide is generalized. The first part of this chapter introduces the foreign systems about obtaining with bona fide that shows the differences between civil law system and system of Anglo-American law. The second part of this chapter analyzes the definition of obtaining with goodwill practically.The third chapter analyzes the bases of obtaining with bona fide from the views of systems and values. The first part of this chapter points out that property publication is not the equivalent of final property right. That’s why acquisition with goodwill happens. The second part of the chapter expresses that property publication has the validity of presumption and public credibility, and that’ s the basis of acquisition with bona fide.The forth chapter analyzes how to identify the components. The first part is the component of "no right to fine". Starting from the definition of "no right to fine", this part compares similar acts practically. The second part is "bona fine". The identification of "bona fide" and timing judgment issue are arduous points in acquisition with bona fide. And this part discusses the points and comes up with solutions practically and theoretically. The third part is "appropriate price". Some controversial issues are discussed such as shall cash be the only means of "appropriate price", Is there any other ways to pay and so on. The forth is "publication". This part analyzes different ways of publication that some of them are not apply to acquisition with bona fide.The fifth chapter is about how special property right to apply acquisition with bona fide. The first part enumerate three classie The security interest (Right of pledge, lien, Mortgage right) that may apply to acquisition with bona fide. The second part discusses whether Property Break off Possession, like stolen goods, can apply to acquisition with bona fide. The third part analyzes how real estate apply acquisition with bona fide.The sixth chapter is about the legal consequences of acquisition with bona fide from the views of three different parties.The seventh chapter is Conclusion.