Rebuild Our Good Faith Acquisition System Of "Booty"from The Rules Related To Uniform Commercial Code

Good faith acquisition legal system is significant in civil law, in which the good faithacquisition of booty is inevitable. Studying the good faith acquisition of booty not onlyhas strong practical necessity, but also has far-reaching theoretical significance. On the onehand, Property Law avoids the good faith acquisition of booty and the recovery ofbooty in judicial practices often violates the interests of good faith purchaser, leading toserious social problems. On the other hand, many domestic scholars misread the Americanrules on the good faith acquisition of booty and lack systematic elaboration on Americangood faith acquisition institution. And based on this, from the point of American good faithacquisition system, this essay studies on how to rebuild our good faith acquisition systemof booty compared with legal stipulations of other continental legal system countries orregion.This essay comprises of introduction, main body and epilogue. The part of main bodydiscusses on research subject in four tiers progressively. First of all, this essay elaboratesAmerican good faith acquisition system, and clarifies that Uniform Commercial Codesolely stipulates the application of good faith acquisition of fraud goods and excludes theapplication of good faith acquisition of stolen goods. Thereafter, this essay introduces ourcountries’ current situation of good faith acquisition of booty in detail, clears concerninglegal rules and regulations and its disadvantages, and combs the concerning theoreticalstudies. Once again, from several important issues such as the identification of booty, thejurisprudence base of good faith acquisition of booty, the specialty of good faithacquisition of booty in open market and the legal remedy of good faith purchaser ofstolen goods, this essay compares American Uniform Commercial Code with concerninglegal stipulations of other continental countries or region and concludes its enlightment toour country. After all, from current reality, legal stipulation and legal formulations of ourcountry, this essay offer advices on how to rebuild our countries’ good faith acquisition ofbooty: on the middle position of rigorously distinguishing between fraud goods and stolen goods, we should recognize the application of good faith acquisition of fraud goods,and principally exclude the application of good faith acquisition of stolen goods but withtime limit and money payment limit on owner’s restitution right, and synchronouslystipulate that money and bearer papers can’t be restituted.