Study On The Determination Of "Good Faith" In The System Of Bona Fide Acquisition

The supreme court of the People's Republic Of China formally announced the explanation of some issues on the applicable < the property law of the People's Republic of China(a)>,the bona fide acquisition has carried on the elaboration,embodiment,the court plays an important role in using the bona fide acquisition in the maintaining transaction security in the future.But both in the property law and the property law judicial interpretation(a)the bona fide acquisition good on the intention and extension of the " good faith " to make detailed explanation.The good faith in the judicial practice often controversial because it difficult to define,"good faith" elements of judgment fuzziness can easily lead to inconsistent of applicable law in the judicial practice.Based on the investigation of the life,found that there are some defects,the judicial interpretation hereof is worth further research.This article aims to study a case,on the basis of the bona fide acquisition in our country with the theory and legislation of other countries,seeking a more in line with the bona fide acquisition of legislative spirit and objective standard to measure,to relieve the burden of justice,maintaining transaction security and economic order.From the point of judicial practice,although the independent good faith dispute does not see more,in a large number of contracts tort marriage and family inheritance disputes often involve the understanding of the bona fide acquisition problem.In the many time,the elements of good achievement will essentially decides the entity processing results of related disputes.This article through our country's judicial case study,the research of our country in practice and determination of good faith cases about the buyer in goodwill or not standard,and from our country for the "good faith" in bona fide acquisition theory and the judicial practice.This article will from the following four parts to explore the bona fide acquisition elements: the first part is based on the theory and judicial practice of the "good will" in bona fide acquisition definition and analysis,discussing legal basis and the value of the "good faith".At the same time,according to "subjective good faith" and "objective good faithl" two aspects,exploring whether or not is clear and easy to apply in our country bona fide acquisition under the framework in the law.The second part is combined with the new property law explanation of bona fide acquisition in the judicial practice of "goodfaith" three major identified requirements(gross negligence,reasonable prices,the burden of proof allocation)to find out some existing problems in the judicial practice.The third part is the comparison of the good faith that legislative cases to achieve enlightenment from the foreign excellent legal theory.The last part of the article is try to give our bona fide acquisition some perfect suggestions about elements of some goodwill recognized,according to the kindness that the elements in the problems in the judicial practice,combined with the legislative cases and theory at home and abroad.