Fruits Rule Of Bona Fide Possessor

Before the “property law” promulgated,current legislation of the civil code of the team provided suggestions for the property law system,explaining the establishment of laws and reasons,drafting related recommendations.Most of scholars proposed possessions of bona fide possession during the possession of the value.But the "property law" did not adopt the proposal.China did not follow the majority of the mainland legal system,legislation tradition gives the rights of bona fide possession charge the fruits,bona fide possessor shall have the obligation to return to the holder of the fruits.On the research of the bona fide possessor fruits collection,whether in the development of theory or in the judicial practice.It has a great value and importance.In view of this,this article explores the rules of bona fide possessor fruits from the perspective of theory,giving some reference for the amending of China's future civil code.Papers are discussed from the following several parts:The first part puts forward the problems,analyzing the existing property law provisions and the difference between our law and foreign law.Analyzing the legislative reasons.Mainly analyzes the irrationality of property law provision.The second part analyses the legitimacy of bona fide possessor shall enjoy the right of interest charge basis.This section divides into two aspects,on the one hand,is analysis on the existing theory,on the other hand is held by the Chinese scholars mainly that bona fide possessor shall enjoy the right of charge interest.With Germany,Japan,France and China's Taiwan region related legal provisions and legislative reasons,as well as the related theory,scholar's point of view,to analyze its merit.The third part is about the bona fide possessor fruits charge rules.Starting from the cognizance of bona fide possession of goodwill,to charge interest of bona fide possession compared detailed regulations.To study the related regulations,mainly on the foreign law from the various legislative cases,analysis for the legislation of the civil law system in our country,draw lessons from them.At the same time discuss the range of fruits,fruits during the period of transfer,and necessary to offset the cost of the specific problems.