A Tentative Study on Good Faith Acquisition System of Ownership of Movables
|School||East China University of Political Science|
|Keywords||Acquired in good faith Not entitled to dispose Transaction security Constituent elements|
Bona fide acquisition is an important system in the civil law system. Acquired in good faith, also known as immediate access to, and understanding in the general sense, the bona fide acquisition refers to the grantor has no right to dispose of property, illegal possession of the property delivered to the buyer after, if the buyer to obtain the Department when the property in good faith, shall acquire ownership of the property, the original owner may request the assignee to return. The paper is divided into three chapters: the first chapter, the general elements of ownership of movable property acquired in good faith. Property ownership acquired in good faith general elements include: 1, the grantor shall be the person in possession of the chattel and have no right to transfer property ownership. The grantor is the person in possession of the chattel essentially refers to the grantor at its disposal of others' things, shall have the right to the appearance; grantor with the right to include non-ownership restriction on ownership, lack of the right to dispose of the case . Transferee of chattel to be in good faith. Assignee in good faith, the core elements acquired in good faith, acquired in good faith nature of the system, to the assignee in good faith, to make up for the defects of punishment disposition. 3, to be based on legal acts and the transferee movable property ownership. The legal acts must be a trading behavior, property right of the effectiveness of the trading behavior have different requirements. And the transactions do not have to be paid for the requirements. 4, shall be the actual transferee of possession of movable property. For real estate bona fide acquisition, transfer of possession must occur, that the transferor to the transferee delivery of movable property, and the assignee took possession of the chattel. Acquired in good faith in the concept of delivery form applicable countries have different requirements. Chapter II, possession of the detachment was acquired in good faith. Possession out of material, most of the national legislation to make special provisions NA acquired in good faith. China's \The civil law of various countries and regions in the special provisions Pirates dirty, lost property and possession out of things will not apply to bona fide acquisition, and complex has a special provision, which provides that the compensation under certain circumstances, possession from the material recovery system and shall not Reply possession out of objects of a particular type of system, while China is not out of the possession of a specific type shall not reply system to make provision for. Chapter ownership of movable property acquired in good faith legal effect. In the case of the constitutional elements in line with property ownership in good faith, to the legal consequences of legal effect known as property ownership acquired in good faith. In good faith to obtain the system of property ownership based on the effect of real right and creditor effect between the parties, the assignee shall acquire the ownership of movable property, with finality, in between the original owner and the assignee and the original owner with the transferor the validity of the debt.