Bona Fide Acquisition Of Mortgage

The thesis is divided into preface, text, conclusion three greatly parts.The preface part discussed to the necessary investigation to the question of bona fide acquisition of mortgage. Real Right Law has confirmed the bona fide acquisition on the level of legislation, and also provides a legal basis for bona fide acquisition of mortgage. Mortgage plays an important role in the social life, however, only a few studies concern on bona fide acquisition of mortgage which needs further research.The text divides four parts. The first part introduces the history of the bona fide acquisition system, pointing out the economy and theory ground of the bona fide acquisition, in order to analyze the theory of the bona fide acquisition of mortgage well. The second part is about the analysis of whether the mortgage will apply to bona fide acquisition system. From the concept of mortgage and the different feature of chattel and real estate, this part comes to the argument that the mortgage should apply to bona fide acquisition system. The third part discusses that chattel mortgage how to apply to, focus on the elements of bona fide acquisition of mortgage and solution of balancing different interests. The forth part discusses that real estate mortgage how to apply focus on the elements of bona fide acquisition of mortgage, which concludes generality and specificity.Last part is the conclusion, from the whole text contents induce with summary. Bona fide acquisition of mortgage has its economic and legal basis. It is favorable to protect trade safety stabilize the socioeconomic order maintain the normal commodity exchange, and play a important role in the trade. It is certain that there are many problems regarding the bona fide acquisition of mortgage which need further study and discuss.