On The Normative Relationship Between Possession Modification And Good Faith Acquisitio

The change of possession seems to be unrelated with the acquisition in good faith seem unrelated in form,but in fact,they are closely related.In the bona fide acquisition of movable property,whether the modification of possession can be included in the constitutive requirements of "delivery" reveals the relationship between the modification of possession and bona fide acquisition,that is,the essence lies in whether the modification of possession can be applied to bona fide acquisition of movable property.As one of the delivery methods that can alter the right of ownership in movables,the change of possession is also known as the idealistic delivery.While the acquisition in good faith means a system that the bona fide assignee obtain the right of ownership in movable or immovable property legally,which shows that the civil law attaches great importance to the protection of transaction security when balancing various conflicts of interests.But with the development of economy,the direct possession of things is no longer limited to the owner.In order to obtain the value of exchange and the value of use of things better,people gradually change from direct possession to indirect possession under the market transactions.Therefore,the law has given the change of possession the same legal effect as the actual delivery.Since the change of possession and other conceptual delivery are stipulated in the delivery of movable property by the Civil Code,why does the judicial interpretation only explicitly affirm simple delivery and instructed delivery in the application of bona fide acquisition of movable property? Does it eliminate the bona fide acquisition applying to movable property in the change of possession,or does it deliberately leave the applicable legal space? For this vague legal provision,it is difficult to unify in academic circles.Importantly,similar cases with different judgments have appeared in judicial practice,which force us to re-recognize and standardize the relationship between possession modification and bona fide acquisition.Therefore,this paper discusses the possibility of the application of the modification of possession by analyzing the application of the modification of possession in good faith acquisition and its problems.Specifically,this article is divided into four parts:The first part outlines the basic theoretical issues of possession modification and bona fide acquisition.By introducing the connotations of possession modification and bona fide acquisition,it is possible to more clearly judge whether possession modification can be included in the constituent elements of bonafide acquisition so as to make value trade-offs.The second part analyzes the relationship between possession modification and goodwill acquisition from two aspects of theory and practice.First,it analyzes whether the change of possession can be applied to the acquisition in good faith in theory;secondly,it analyzes whether the change of possession can be applied to the acquisition in good faith through the judicial application.Taking the judgment of the "milling machine case" in Germany as the starting point,this paper compares and analyzes the application of possession modification and instruction delivery in bona fide acquisition in judicial practice in my country;The application of ownership transfer and other aspects shows that the application of the change of possession in the bona fide acquisition of movable property meets the needs of real transactions.The third part sorts out the reasons for the affirmation and denial of the application of good faith acquisition in possession modification.Generally speaking,with regard to the applicability of possession modification,both theoretical scholars and practical referees tend to deny possession modification due to the lack of publicity of possession modification and the conflict of interests caused by multiple assignments.Although it is included in the delivery requirements for the bona fide acquisition of chattels,the modification of possession is still of great significance in improving transaction efficiency and protecting the assignee,so it is necessary to study the application of modification of possession in the bona fide acquisition of chattels.The fourth part is based on the analysis of the application of possession modification and bona fide acquisition,and tries to put forward relevant suggestions on denying the derivation of possession rights,affirming the status of the transferee’s indirect possession,and determining the acquisition of ownership under "multiple assignments",so as to regulate possession.Changes apply to bona fide acquisitions.