Bona Fide Acquisition

The Bona Fide Acquisition is an important system in Property Law. The Bona Fide Acquisition is a system that sacrifice the stillness safety of property to protect the moving safety of property. It makes good function on developing market economy and protecting the stability of the society economy order. The Civil Law in Western nations and Taiwan regulate it. As Chinese private law, General Principles of the Civil Law doesn't mention the Bona Fide Acquisition. With the development of market economy , it will play more and more important role in establishing and perfecting socialism market economy in China. For this reason, my text takes History Research Method, Comparison Research Method and Value Research Method. It tries to take a deep research about the Bona Fide Acquisition's Intension, Effective Conditions and Legal Effect etc. I hope my text will be useful to lawmaking and researching of the Bona Fide Acquisition in China.The text is totally divided into five parts.The first part analyzes the Bona Fide Acquisition's Intension, Character, Theory Origin, Foundation and Value. The Bona Fide Acquisition is also called Instant Acquisition, it points to that the assignor of having no power to punish others ownership illegally deliver it to buyer, if buyer is goodwill, so he will get the ownership, the original object owner can't request buyer to return.The second part particularly discusses Effective Conditions of the Bona Fide Acquisition. l.The buyer should make a legal deal with the assignor.2.The property must be occupied by the assignor having no power to punish.3.The bargain should be personality.4.The buyer should be goodwill. 5.The property should be occupied actually by the goodwill buyer.The third part values the Legal Effect of the Bona Fide Acquisition. When the goodwill buyer gets the ownership, on the contrary, the original owner loses it. In order to protect the interest of the original owner, the assignor will be charged with responsibility of compensation.The fourth part emphasized analyzes it necessary that the Bona Fide Acquisition of real estate should be founded in China. Because of the difference on the validity of registration, there are different stipulations on the Bona Fide Acquisition of real estate.At the end of the text, it introduces the actuality in China about the Bona Fide Acquisition System. According to simple understand about the Bona Fide Acquisition System and combining the real situation, the writer makes some suggestions about lawmaking perfection of the Bona Fide Acquisition in China.