Legal Analysis Of The Case Of A Contract Dispute Between Luan And Wang

With the high-speed development of the world market economy,the trading activities between the civil subjects are becoming more and more frequent,and the bona fide acquisition system emerges as the times require.Whether common law or civil law,the civil law system in modern times both occupy a crucial position,the system has been clearly stipulated in the civil laws of many countries,and in 2007 China promulgated the "law" is also the official of the system to be recognized.But it is our country sadly sigh,promulgated by the "property law" is not the bona fide acquisition of thief booty system clearly defined.With the persistent advance of China's market economy,stolen goods through various channels to enter the circulation had subsequently stolen goods in the It is often seen.,third people are unaware of the conditions through legitimate transactions,so the interests of the third party should be protected,this has become the focus of law theory and the judicial practice of the dispute.If the stolen goods are applied in good faith,the interests of the original owners are ignored,and the moral crisis is easily induced,the social harmony is destroyed.Conversely,if the stolen goods are not applied to bona fide acquisition,the interests of bona fide third party will not be effectively protected,which is not conducive to the safety and stability of market transactions,and will cause potential risks for the development of market economy.So,according to whether the bona fide acquisition of stolen goods can not be too absolute,shall be permitted by law within the limits of the stolen goods have to apply the bona fide acquisition system,which can take the advantages of two methods,both to protect the rights of indigenous people's interests,and fully consider the interests of bona fide third.This article from the basic case of the case related to the focus of controversy in detail,and in-depth study on the combination of the theory of law,the bona fide acquisition of stolen goods,this paper agree with the view that the stolen goods can be conditionally applicable to bona fide acquisition.This view is aimed at balancing the interests between the original owner of the transaction and the third party in good faith,maintaining the security of the market transaction and ensuring the relative stability of the economic order.Finally,in view of the legislative vacancy existing in the relevant laws of China,the relevant legislative ideas are put forward.