A Study On Acquisition In Good Faith

The acquisition in good faith is an important system in civil law, so not only the civil codes in the main countries of continental law family have this system, but also the countries of common law family have built up it. But this important system doesn't exist in our nation's statutes, which cause a lot of problems in judicial practice. Nowadays we are in the process of legislation about civil code and not long ago the standing committee of NPC has publicized the draft of jus rerum, but there still are many fierce arguments for this system among many scholars and this fact do not benefit the legislation. So it is necessary to study the system deeply in order to get some common opinions. Basing the study on the productions of scholars, this article researches the source, legislation, basic theory, elements, essence, law effect, and so on. If that could progress the study and the legislation, the author of this article will feel happy.Besides the preface and the conclusion, there are four chapters:The first chapter: the source, the legislation and the basic theory of acquisition in good faith. The principle"hand muss hand wahren"of Germanic law is the source of the system, but there are essential differences between them; protecting the security of transaction is the practical cause, and the principle of public credit is the logic foundation in law system.The second chapter: this chapter analyzes the elements of acquisition in good faith. Altogether there are four elements: the first is the subject element: transferor has no right to dispose; the second is the object element: the object with the means of right-announcement through possession or register; the third is the impersonality elements: having transaction; possessed or registered by transferor while transacting; having delivered or registered; the fourth element is the subjective element: the transferee's ignorance of the transferor's want of right disposition without any significant negligence.The third chapter: the study on other subjects: the essence of acquisition in good faith; the legal effects; acquisition in good faith of jus in re aliena of chattel. Acquisition in good faith is a type of original acquisition. In the common instance, the transferee obtain the right eternally without any burden existing on the chattel or the...