On The Recognition Of "good Faith" In Good Faith Acquisition

Good faith is the most essential element of good faith acquisition,only to grasp the good faith understanding and judgment standards,then we can be better in the judicial practice to understand and use the system of good faith to solve practical problems.In this paper,the determination of good faith as the center is researched from four parts.The first part is about an overview of good faith in good faith acquisition.The research of academic good faith that the rules of judgment analyzing on the academic value and practical value is for the following good faith in China to determine the standard in theory.The second part is about the rules on the determination of good faith.Through the comparative analysis the laws of Germany,Japan,Chinese Taibei and a few examples,the rule on the determination of good faith in China is that transferee is not known the transferor has no disposition and has no major fault.The third part is about the point time of the determination of good faith from movable and immovable property with a few examples.The four part is about which situations can not be applicable for good faith acquisition mainly from the obverse with an example.How to determine good faith in specific cases is a complex operation.This paper proposes for our judicial practice with the legal rationality and has good help.