Possession Reformulation And Acquired In Good Faith

Both of the innocent acquisition of movable propertied system and the ownership with unchanged occupation system are the products of modern society and economy. The systems have many advantages, such as maintaining the safety of trade and promoting the convenience of trade etc. They are the breakthrough to the traditional theory in jus rerum legislation and have an important role in respective realm. But when these two innovative theories are combined together, more complicated problems appear. As a means of delivery, can the ownership with unchanged occupation system apply to the innocent acquisition of movable propertied system?In our country, the research about this problem is very few, and most scholars maintain negative view. In this article, the writer will introduce five theories about this problem and comment on them. Then I will analysis the legislation in other countries about this problem. On the basis of interest measurement and value analysis, I reflected and discussed on this problem and reached a conclusion that the formative view is reasonable. On this foundation, I will put forward my advice on the jus rerum legislation in our country.The first part: The analysis of foundamental theories. I emphasize to analyze the foundamental theories in this paper.Because the paper bases on the innocent acquisition of movable propertied system and the ownership with unchanged occupation system. In this part,I indicate that the innocent acquisition of movable propertied system sacrifices the trade safety and simplifies bargain procedure, promotes speed of the trade. The ownership with unchanged occupation system sacrifices the safety of the ownership and protects the trade safety, which is based on the credibility of occupy and trade safety.The second part: The doctrine of the innocent acquisition of movable propertied system and the ownership with unchanged occupation system. This problem causes heated discussion in many countries. And producted five kinds of theories: "Affirmation theory", "Negation theory", "Compromised theory", "Sharing the damage theory" and "The classified theory". In this five theories,"Negation theory"has the most supporters.The third part: The judgment to the negation theory. This part is divided into two small parts. First ,the writer give a weighty rebute to the negation theory. Then, I make a comment to the other theories and point out the limitation in them.The fourth part: The rationality analysis to the affirmation theory. Through the critique to the four theories. The writer get her theory naturaly and anaglyse its rationality in theory and practice. The fifth part: The legislation. In this part,the writer investigate several legislations in some countries. At last,the writer appraise the new jus rerum law of our country and put forward the modification suggestion.