Analyses On Whether Thief Booty Can Be Used In The Theory Of Bona Fide Acquisition

With the development of social economy, property transmission relationship is getting more and more important than property ownership in economic value and social value. In world civil law and commercial law history, the security of property transmission has become one of the most important values of law. The institutional system to protect people with goodwill getting ownership from the other who have no right to transmit property was developed under the demand of social economical life and became more and more powerful. In the past years, its institutions, repudiations and doctrines have been accepted and developed in many countries. Thief booty have no difference with other goods in their physical and commercial features in market. That is the reason that such legal institution can be putted into effect .This article analyses on the concepts, characters, and origins of the theory of getting ownership with goodwill and the concepts, bounds, sorts of thief booty. This article details on the academic foundation, constituting features, legal results, remediation of the original owner when the institution was put into effect. In the end, this article discusses on the present situations of lawmaking and judicatory in china, and come to the conclusion that thief booty can be transmitted to the party under strictly confined law consideration. Only in this way can we balance the property of ownership and transmission.