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Bona Fide Acquisition Research

Author: HuangYaJun
Tutor: YangLiZhen
School: Northwestern University
Course: Law
Keywords: Acquired in good faith Occupy Ownership Third person
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 187
Quote: 0
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Abstract


Bona fide acquisition is an important civil law system , it is of great significance for the protection of the security of transactions, maintaining market order . Bona fide acquisition in China framework , with reference to other countries in the Civil Code provisions and acquired in good faith theory of legal concepts acquired in good faith , history, legal effect , the scope of application , and its analysis, comparison and system identify bona fide acquisition system for the existing shortcomings and the need to constantly improve , and some of their own ideas , it is recommended . Acquired in good faith the system in real life often involves stolen goods , lost property , I think should departure from the purpose of Bona Fide Acquisition , will be included in the scope of the bona fide acquisition . This paper is divided into four parts : the first part : Bona Fide Acquisition origins and theoretical basis . This part mainly through the introduction of Roman law , Germanic law related content , focuses on the history and legal theory of the bona fide acquisition . Part II: comparison Germany , in good faith on the constitutional elements . German Civil Code bona fide acquisition is complete , mature theory , this part analyzes the constitutional elements of the constitutional elements in good faith , compare the German Civil Code in good faith . Part III: Bona Fide Acquisition legal effect . In the field of property law , acquired in good faith will cause the loss of the original owners of property rights , on the other hand , the assignee of the material to produce a new realty or chattel ownership shall not exercise the chase and the right to the rights of indigenous people on the transferee was . Between the original owner with the right disposition in the field of the law of obligations , acquired in good faith after the election , according to different situations debts of unjust enrichment , breach of the debt , the debt of the infringement , the original owner can exercise the right of the corresponding request . Part IV: China acquired in good faith System. Stolen goods , lost property to enter the market , there is no difference with general merchandise , possession possession behavior is legal or not , the transferee is not known , based compensation transactions of stolen goods , lost property should be protected by law .

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