从美国《统一商法典》相关规则看我国“赃物”善意取得制度的重构-民商法学专业论文.docxVIP

Rebuild Our Good Faith Acquisition System of “Booty” from the Rules Related to Uniform Commercial Code Abstract Good faith acquisition legal system is significant in civil law, in which the good faith acquisition of “booty” is inevitable. Studying the good faith acquisition of “booty” not only has strong practical necessity, but also has far-reaching theoretical significance. On the one hand, Property Law avoids the good faith acquisition of “booty” and the recovery of “booty” in judicial practices often violates the interests of good faith purchaser, leading to serious social problems. On the other hand, many domestic scholars misread the American rules on the good faith acquisition of “booty” and lack systematic elaboration on American good faith acquisition institution. And based on this, from the point of American good faith acquisition system, this essay studies on how to rebuild our good faith acquisition system of “booty” compared with legal stipulations of other continental legal system countries or region. This essay comprises of introduction, main body and epilogue. The part of main body discusses on research subject in four tiers progressively. First of all, this essay elaborates American good faith acquisition system, and clarifies that Uniform Commercial Code solely stipulates the application of good faith acquisition of fraud goods and excludes the application of good faith acquisition of stolen goods. Thereafter, this essay introduces our countries’ current situation of good faith acquisition of “booty” in detail, clears concerning legal rules and regulations and its disadvantages, and combs the concerning theoretical studies. Once again, from several important issues such as the identification of “booty”, the jurisprudence base of good faith acquisition of “booty”, the specialty of good faith acquisition of “booty” in open market and the legal remedy of good faith purchaser of stolen goods, this essay compares American Uniform Commercial Code with c