论我国善意取得制度的适用-法律（非法学）专业论文.docxVIP

On On the application of the system of bona fide acquisition Graduate student：Li Lizhi Supervisor：Mo Lingxia Major：Juris Master Research Field：CiviIlaw Grade：2014 Abstract In china’S jurisprudence，Bona Fide Acquisition System is a traditional theme with a lot of researches and studies．And it’S become a cutting—edge topic since the Property Law issued in 2007，which broaden the span of property rights．However， this brave step didn’t change the situation．The problems of Bona Fide Acquisition is still unsolved．There are many disputes about obtaining with bona fide in practice，and there are many different opinions on the article 106 in“People’S Republic of China Property Law”．Its important and difficult to apply Bona Fide Acquisition appropriatelY in practice． Therefore，newly”Supreme People’S Court on the application explanation (People’S Republ ic of China Property LawIssues(a)”issued for explaining and demonstrating some points about obtaining with bona fide．However，there are still many problems about the application of Bona Fide Acquisition System．For example， there iS no clear standards to identify the act of acquisition with bona fide， there is definition for timing judgment，how much shall be the appropriate price， which payments are acceptable?Is it appropriate that all means of property publication can be the components of acquisition with bona fide?Besides，there is no norms for special property right to apply acquisition with bona fide． These issues will be discussed in the thesis with some related suggestions．Except for Foreword and Conclusion，the content iS divided in five parts．First，the thesiS discusses how to identify the acquisition with bona fide by learning components． Then，the thesis analyzes some real cases about special property rights applying to acquisition with bona fide．Finally，according to the legal consequences of obtaining with bona fide，the thesis analyzes the acquisition with bona fide comprehensiVely for better appl ication． The first c