On Acquired In Good Faith

The property law of China ,as the most important part in the further civil code, has sucessfully passed in the Fifth Session of the tenth National People's Congress, and will be put into effect formally on October 1 ,2007 .The publicity of The property law of China means our civil legislation become gradually mature, promoting the harmony development of our market economy, protecting property interest of deferent trade party. The acquisition in good faith as an important system of the property law of China, mainly facing the interest conflict betweenthe former possessor and the third party acting in good faith, which is the value conflict between the static safety and kinetic safety. It can increase the benefit not only protect the kinetic safety, but also can protect the static safty in some situations. It can conciliate the relations effectly, make the benefit balance between the former possessor and the third party acting in good faith come true.It is favourable to protect trade safety, stabilize the socioeconomic order, maintain the normal commodity exchange.It keep the laws justice, and plays an important role in the trade. The whole thesis analysed the necessary of the acquisition in good faith. Pointing out the shortcoming of the system existing in the practice, it based upon the basic theory of the acquisition in good faith, compared with the system in some countries in the world and the related system in China, discussing the legislation perfection of the system. The whole thesis combines the advanced legislation idea, legislation experiences and the situation of our country. Someadvice is given to build the system with the Chinese characteristic.The whole thesis concludes five parts: 1.To explain the correlated defination of the acquisition in good faith in our legislation, analyse the necessary of it. 2.To analyse the acquisition in good faith with the principle of law from the creation, theoretical basis and legal effect.It has developed based on the Teutonic laws gradually.3.The acquisition in good faith has been defined in the civil legislation in many countries and regions, but there are still some differences in it. So here list and analyse the differences of the stipulation of the system from Anglo-American law system to Continental law system. 4.Compared the system with the other correlate systems, to analyse the relations of it with the positive prescription system,the unauthorized disposition system,the public summons and trust system,the warranty against right defect system. 5. Given the legislation thinking and comprehensive analysis to the system, suggested some concrete defination of the principle,function,judgement standards ,etc. in the future civil legislation in China.