A Study On The Problem Of Bona Fide Acquisition

For a long time, bona fide acquisition and related problems have continuously invoked researchers’ reflections and debates. and the bona fide acquisition of stolen goods has leaded to greatest differences and disputes. In the case of bona fide acquisition of stolen goods, people often get stuck in the dilemma of how to achieve balance between interest of both the innocent owners and the bona fide purchasers, and how to distribute the ownership of the stolen goods. Although the bona fide acquisition can be traced to ancient legislation, the bona fide acquisition of stolen goods is the product of the development of modern legal theory. In the current legal system of PRC, property law takes an evasive attitude toward the problem, while department rules and judicial practice has taken adverse opinions, which has exacerbated the contradictory attitude toward the problem, and has damaged the predictability of business activities. It has become a major issue in Chinese property law that how to establish the rules of bona fide acquisition of stolen goods and how to set the specific criteria on the distribution of the ownership of stolen goods. In foreign legislations, the Anglo-American system obeys the rules of Roman law and usually denies the bona fide acquisition, while the Civil law countries vary from one to the other, resulting in a gradient axis from the attitude of absolute prohibition to definite allowance, despite the fact that most of the Civil law countries take conditional approval to the problem. The deep gap of dispute and difference between different countries has become an impediment of the endeavor to unify the rules of bona fide acquisition in the field of international civil law. Under such influences, the scholars have generally formed opinions of negativity, compromise and certainty, and there are flaws in the negative and intermediate opinions.This paper derives from the concept, constitution and origin of bona fide acquisition of stolen goods, analyses the current situation and problems in the legal operation in PRC, sorts the foreign legislations, and introduces and analyzes the influential opinions. I claim that the bona fide acquisition rule should be applied to the case of stolen goods. As to the distribution of the ownership of the stolen, we should adhere to both the standard of good faith of purchasers and fault of the former owners at the same time. Meanwhile, the highly liquid property and cultural relic should be excluded from the application of the bona fide acquisition of stolen goods. Through the clear explanation of the rules, we can conform to the trend of the legislation, be in accordance with the inherent requirements of the legal system, and improve the overall social welfare.