Research On The Bona Fide Acquisition Of The Thief Booty

With the development of commodity economy,commodities traded more and more frequently,the system of goodwill acquisition that protects the safety of trade in goods has also been established in the civil code of many countries around the world.The Property Law of our country enacted in 2007,has officially acknowledged the system.Unfortunately,our country's property law has not specified whether or not the thief booty applied to the goodwill acquisition.There has always been a great deal of controversy over the goodwill acquisition of the thief booty,and legal provisions vary from country to country:if not applied to the goodwill acquisition,protecting the interests of the former obligee is not conducive to protecting the safety of the trade;If acknowledged the application of the goodwill acquisition,it is contrary to Chinese law.Visually,there is no fundamental difference between the thief booty and the natural and commodity properties of the general merchandise.The possession of the thief booty by person of unauthorized disposition has the same effect of public trust.Therefore,there is legal space for the thief booty applied to the goodwill acquisition.However,due to the thief booty are obtained by theft,robbery,and other means,if there is no limit to the application of the goodwill acquisition,it could lead to abuse of the system,a moral crisis and economic disorder.Consequently,it is the most suitable for the present economic and social conditions for the conditional application of the goodwill acquisition.This paper is divided into four chapters to analyze the goodwill acquisition of the thief booty from four aspects.The first chapter introduces the basic theory of the goodwill acquisition of the thief booty,the definition of the thief booty,the concept of the goodwill acquisition and the origin of the system.And then discusses the necessity and feasibility of the thief booty applied to the goodwill acquisition.The laws and regulations related to the possession of the thief booty in our country are combed and listed in.Chapter 2,to compare the judgment of the goodwill acquisition of the thief booty in the judicial practice of our country,and to point out the existing problems.Chapter 3 analyses the legislative mode of the ownership of stolen property in foreign countries and regions,provides a review of the three modes of the thief booty applied to the goodwill acquisition and indicates the advantages and disadvantages.Chapter 4 puts forward some legislative suggestions on the system of bona fide acquisition of stolen goods in China,especially for the relationship between the civil liability system and the goodwill of the stolen goods after the introduction of the General Principles of Civil Law,hoping to give some reference to the soundness of the system in China value.