On Possession In Good Faith To Obtain From The Material

This article research on a problem of good—faith acquisition of movable property escaping from owner, which is whether good—faith acquisition of movable property escaping from owner should be recognized in theory, and this article only discuss this.Excluding the preface and the concluding remarks, this article is composed of four parts, about 50000 words.The preface contains three parts: the first is "reason of research", handing over the background of this article; the second is "train of thought of research", describing this article train of thought; the third is "the premise of research", pointing out seven premises of this text.Part 1 describes "middle law" reasons of denial the application of good—faith acquisition of movable property escaping from owner. Six reasons are "the original right person has no fault", "It's got by the economic analytical method of law", "It's too little to be worthy being regulated", "It's the result of consideration of social influence", "It's the result of protection of the original right person", "It can't be accept by the general common people".Part 2 is to appraise the various reasons of "middle law". In this part, the author use six parts to appraise six reasons. The result of the appraisal is that all the six reasons of "middle law" cant establish.Part 3 further thinks about the side effect of "middle law". If good—faith acquisition of movable property escaping from owner isn't recognized, it will lead to breach public trust of movable property occupancy, breach the protection of transaction security, and breach promoting transaction.Par t4, after research on three similar systems which are immovable property register public trust, agency by estoppel and performance to quasi-creditor, discuss trust protection principle. The trust protection is for the sake of truster who has good—faith, as long as the trust is reasonable, the truster should be protected, regardless of the original right person having fault or not. Therefore, in good—faith acquisition of movable property escaping from owner system,though the original right person has no fault, he has to undertake disadvantageous result, and the third people obtains the ownership of the objectThe last part refer to two problems: the first is to protect the original right person. This can be realized by dispensing the risk of uncovery to disposing party without right to another party, and insurance, company is the best one. The second is to discuss the academic criticism method Author think academic research can carry on only from the theory level. Academic criticism should be confined to academic standpoint, and can't be rised to the political ideology.