Research Of Bona Fide Acquisition Of The Pledge Of Movables

Bona fide acquisition of the pledge of movables mean the situation that the possessor of movables offer the guarantee of credit right to the pledgee with the movables, and give the movables to the pledgee, but the possessor of movables do not have the right to dispose of the pledged property, and the pledgee is in the good will to acquire the pledged property. Generally speaking, the constitutive requirements of bona fide acquisition of the pledge of movables mainly including the following aspects:the subject matter is the movable; the pledger should possess the movables and without the power of disposal; the pledgee should set up the mortgage with good will; setting up the pledge of movables must be based on the transactions. The paper focuses on three important problems which are related to bona fide acquisition of the pledge of movables to discuss, Article96The understanding problem in People Through Opinions, Relationship between the pledge and mortgage, Protecting profits of the pledgee and the third party, and finally clarify the legal consequences of bona fide acquisition of movables to reflect the problem of legal relations in the pledgee and the possessor of movables, the pledgee and the people without the power of disposal, the people without the power of disposal and the possessor of movables. This paper analyzes the bona fide acquisition of the pledge of movables to make clear of the requirements of it to maintain the security of real trading and protect the profits of the bona fide third party.