Research On Bona Fide Acquisition Of Possessions Out Of Entrust

Bona fide acquisition is very important in property law and accepted by nearly all countries in their civil law.Bona fide acquisition is very meaningful in protecting trade safety of personal property,stipulated that bona-fide transferee owns the personal property that he gained from the nonowner.The property law of China reference civil law countries' legislation precedents and stipulated constitutive requirements of Bona fide acquisition in property law of 2007,and making up the legislative vacancy of the civil law of China.According to the classes of civil law theory of modern times,the property possessed by nonowner can be classified into possessions under entrust and possessions out of entrust,depending on the subjective attitude of the owner when they lose possession of personal properties.Possessions under entrust is based on the true intention of owner and gained by legal relations.Possessions out of entrust is against the true intention of owners and gained by illegal relations.All countries divide personal properties into possessions under entrust and possessions out of entrust and attach different legal effects on them.The stipulation of lost property in property law is thought to be the special stipulation of Bona fide acquisition of possessions out of entrust.This article will be divided into three chapters.The first chapter will introduce different stipulations of different countries and different theories about the problem of Bona fide acquisition of possessions out of entrust.This chapter will contain three different parts.The first part is about the sources and development of Bona fide acquisition.The second part will introduce different legislation of different countries about the problem of Bona fide acquisition of possessions out of entrust.The third part of the article will introduce different opinions on the Bona fide acquisition of possessions out of entrust.containing different opinions on the scope of possessions out of entrust and whether possessions out of entrust can be obtained by others.The second chapter of the article will explain the clause 107 of Property Law.The clause is about Bona fide acquisition of lost property.This chapter contain two parts,the first part is the nature of claim for return of property about Bona fide acquisition of lost property.The second part of is the owner of lost property,they have the right to claim for compensation and claim from the wrong person who dispose lost properties.The third part will criticize and give my opinion on the problem of Bona fide acquisition of possessions out of entrust.Because there are problems of legislation.I think there are four problems.Firstly we didn't stipulate stolen properties,secondly the right of restitution is not long enough,thirdly the scope of open market is not wide enough,fourthly we didn't stipulate the Bona fide acquisition of money and other properties.