The Research On System Of Bona Fides Acquisition Of Mortage

Promulgated in 2007, the section 106 of "Property Law of The People's Republic of China " made clear that the bona fide acquisition is not only applied to chattel and real estate, but also to other property. At the same time, this section has no specific provisions to bona fide acquisition of mortgage. Before the Property Law, in the Warrant Law of our country, only bona fide acquisition of pledge and lien has been prescribed except bona fide acquisition of mortgage. So, it is necessary to research the system of bona fide acquisition of mortgage.This paper includes four chapters. In the first chapter, the connotation of system of bona fide of mortgage evolution has been defined, and the law foundation of bona fide of mortgage has been summarized. In the second chapter, theoretic divarication in our academia that whether mortgage is applicable to bona fide acquisition has been analyzed comparatively. Base on the analysis, this paper considered that the mortgage of chattel and the mortgage of real estate is applicable to bona fide acquisition. In the third chapter, the legislative actuality of Ger,Switz and PRC have been analyzed respectively. In the forth chapter, this paper expressed some opinion on how to establish the system of bona fide acquisition of mortgage for our country.