Research On Bona Fide Acquisition System Of Mortgage Right

For a long time,there have been many researches on the system of bona fide acquisition of ownership in China’s legal circle,but the researches on the system of bona fide acquisition of mortgage are not enough.With the development of China’s market economy,the disputes caused by bona fide acquisition of mortgage have become more and more,and mortgage has distinct characteristics different from other real rights.The research on bona fide acquisition of mortgage will be helpful to deal with this kind of dispute more reasonably in our judicial practice.The bona fide acquisition system originated from Germanic law,and its purpose is to ensure the realization of the creditor’s right.Starting from the basic theory of the mortgage bona fide acquisition system,the thesis discusses the concept,historical evolution,and legal basis of the mortgage bona fide acquisition system,and discusses the present situation of the bona fide acquisition of movables mortgage system and the bona fide acquisition of real estate mortgage system;it analyzes the issue of public credibility after a third party acquires the mortgage right,and the standard of good faith in the system of good faith acquisition of movable property mortgage right problems,conflicts between good faith acquisition of chattel mortgages and other rights,the timing of good faith judgment in the application of real estate mortgages in the system of good faith acquisition,and flaws in the real estate registration system;Based on the analysis of the bona fide acquisition of mortgage in Germany,Switzerland and Taiwan,this paper puts forward some suggestions on improving the bona fide acquisition of mortgage in China.This paper mainly uses inductive and deductive method,comparative analysis method and literature research method to study the relevant problems of the bona fide acquisition system of mortgage,but the identification standard of bona fide acquisition system of chattel mortgage and the improvement of the real estate registration system need further research.