On The Goodwill Of Acquisitions In Good Faith

The system of bona fide acquisition originates from the relevant provisions of the Property Law.The fundamental purpose of this system is to seek a balance between protecting the real right holder's property rights and promoting transactions.It is expected that it can not only guarantee the security of property transactions and the authenticity of the obligee's wishes,but also promote the "bona fide" transactions.When the assignor's disposition of property is unauthorized,bona fide acceptance will be promoted.Let people still be able to obtain the right to be transferred.Whether the acquisition system can play the above-mentioned role depends on the judgement of "good faith"."Good faith" itself is the subjective vocabulary.In theoretical discussions and judicial practice,there will inevitably be a lot of divergences in the identification of good faith,and the relevant laws and regulations in the process of rule-making are also difficult to achieve extensiveness,so the contradictions and conflicts caused by frequent occurrence.In view of this,this article expects to start with typical cases to sort out the status quo of the recognition of "good faith",and on this basis,put forward the re-identification of good faith from the perspective of procedural law's burden of proof and proof standard.The basic framework of the paper is as follows:The first chapter is the theoretical basis of this article,which will mainly solve the following problems:the basic principle of "good faith"in bona fide acquisition,the status quo of research on the identification of"good faith",and the status quo of judicial practice.This part lays the foundation for the later discussion.The second chapter will sort out the bona fide identification from the perspective of cases.This chapter will select several typical cases,such as"family real estate disposal","other joint real estate disposal","mortgage"and "special movable property",to sum up the bona fide recognition from the perspective of judicial practice.The third chapter is based on the first two chapters,through introducing the procedural theory of proof standard and burden of proof,to analyze whether-the distribution of proof standard and burden of proof can be clearly defined in the process of bona fide identification,so as to achieve the purpose of more scientific identification of "bona fide".