Research Of Bona Fide Acquisition Of Possessions Out Of Entrust

As a bridge connecting creditor’s right and real right,the system of bona fide acquisition is of great significance to study it comprehensively.Acquisition in good faith,also known as immediate acquisition,refers to the transferee’s intention to purchase property from the person without the right to dispose of it,it will acquire the ownership of the property.In Germanic law the principle of "hand in hand" is the source of the good faith system,the reasons of the existence of its is to balance the right to dispose of bona fide assignee and the original of the obligee’s interests conflict,maintain the security of transactions,in other words,the holder of the original damage shall make compensation can only find the right to dispose of and can’t go to seek a bona fide assignee.Objects acquired in good faith can be divided into detached objects and entrusted objects.Entrusted objects can be applied to bona fide acquisition.There are clear and specific provisions in the law.The first part starts with the detached object and whether the detached object is applicable to bona fide acquisition,analyzes and summarizes the scope of the detached object and the theoretical research on the applicability of the detached object to bona fide acquisition,providing a solid foundation for the improvement of the system.The second part first to our country related legal provisions about things in good comb,again,from the perspective of the case,adopt the method of case analysis to summarize things without goodwill in our country has problems in real life,found that whether our country,there is no clear things for good faith system,the existing institutional shortcomings,unable to fully protect the rights of bona fide assignee and the original holder.The third part mainly analyzes the reason why there are problems in judicial practice in our country.It is that the provisions on lost goods in the current legislation are not specific enough,and there are differences in understanding,while the provisions on obtaining stolen goods in good faith are left blank,which is not conducive to practical operation.In the fourth part,through the comparative analysis of the bona fide acquisition system of detached objects in foreign countries and Chinese Taiwan,it summarizes its reference and enlightenment to the bona fide acquisition system of detached objects in China’s mainland.The fifth part aims at the shortcomings of the system of bona fide acquisition of detachedobjects in our country,and puts forward Suggestions for improvement on the basis of comparison and reference.