On The Bona Fide Acquisition Of Goodwill

Bona Fide Acquisition goodwill is the soul and core, is an important factor todetermine the transferee based on the transactions could be excluded from the rightof the original human rights, goodwill is due to people’s inner mental state and cannot be reflected by an external, for what is how good will and good intentions findsall of the diverse academic, so the research goodwill acquired in good faith in thesystem has a certain theoretical and practical significance.Goodwill generated in the civil law, Roman law is the source of goodwill fromthe place, in Roman law goodwill has two meanings, one is the objective of integrity,one is subjective good faith. In the early Roman, integrity is the objective, the lattergradually divided into two aspects of objective and subjective, and play an importantrole in two areas of litigation and property. France and France followed the Romanabsorb the essence, but also the integrity of the goodwill into objective andsubjective good faith, goodwill refers only to the French law on the matter of"knowledge." Germany and France’s goodwill refers to "good letter", identified asunaware and not due to gross negligence is not known, the first time the "grossnegligence" This subjective approach introduced goodwill connotation. In the courseof history, goodwill has different meanings in different countries, in good faith, said,"kind","good intentions" and the meaning of our natural sense, and the sense ofwell-intentioned civil law have different meanings in different branches of law, andtherefore goodwill not combine it at the earliest Latin translation to the "knowledge" that can be made to do, the system must be made applicable to the case andgoodwill.In the course of history, goodwill in different countries have different meaningsin good faith that "good intentions","well-intentioned" and other natural sense ofmeaning, and the sense of well-intentioned civil law have different meanings indifferent departments law Therefore it can not say in good faith to do at the earliestLatin translation to the "knowledge", must be combined with specific legalinterpretation of its specific. In addition to specific analysis of goodwill and goodfaith, with malice, negligence relationship between the assignee and the subjectivestate of mind, in order to fully reflect the goodwill has three legal assessment: thevalue of goodwill is embodied honesty, good faith is a transaction security valuereflected the value of goodwill is reflected fairness and justice.Goodwill acquired in good faith that it is the fundamental system of standardscontaining goodwill, goodwill point in time and so on. For goodwill standardsshould be based on changes in public Principle of Public Credit, according to adistinction between movable and immovable property, whether movable goodwillshould occupy as the standard, real estate whether goodwill should be registered asstandard. Identification point for goodwill, real estate registration should becompleted when prevail. The main limitation of goodwill for the main civil capacitythrough the transfer of man-made, to sell a person without capacity for civil conductand civil behavior by an agent agent to discuss three cases. Goodwill of proofdetermines the final distribution of benefits, according to the "Property Law"106implies a distribution of the burden of proof, the transferee is the real partiesinvolved in trading activities, goodwill burden of proof borne by the transferee.