Research On Lien By Bona Fide Acquisition

Bona Fide Acquisition System is a transaction rule generating with the development of commodity economy which involves the benefit measurement between ownership protection and transaction safety on civil law.There is no doubt that Bona Fide Acquisition applies well in the field of movable property ownership,but as for the Real Rights for Security field,whether the Bona Fide Acquisition can be applied,different counties have different legislations,so does the academic fields.Nevertheless,movable property delivered by the debtor that belongs to the third party is regular in our daily life,which makes the application of Bona Fide Acquisition to Lien so important.The author intends to start from article 103 and 230 in PRC's Property Law and article 108 in PRC's Security Law,argue why we shall recognize the Lien by Bona Fide Acquisition and think about the detailed information of Lien by Bona Fide Acquisition regarding its constructional elements and effectiveness.This thesis can be divided into five parts:The first part is an introduction,in which the author will talk about why she chooses this topic and its background information,talk about the research methods,and analyze and explain the research status at home and abroad.The second part talks about different opinions in the article fields.There are three opinions,including those who for,who against and the compromise.The author gives comments on each opinion.The third part lays an emphasis on why the Bona Fide Acquisition can be applied to Lien.Starting from its value and to conduct from two cases,the author points out the misunderstandings of Lien theory and shows the importance of lien by Bona Fide Acquisition.The forth part conducts a tailor-made analysis on the constructional elements of Lien by Bona Fide Acquisition and points out four elements.The last part talks about the effectiveness of lien by Bona Fide Acquisition in a detailed manner.The author suggests pay off debts right on behalf of the debtor can be granted to the real owner,for the sake of benefit balance.