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善意取得是近现代民法物权的一项重要制度,适用善意取得制度须以动产已交付或不动产已登记为要件。理论界对于简易交付和指示交付的善意取得适用鲜有争论;但对于占有改定能否适用善意取得则存在较大的争议。文章通过讨论善意取得制度设立的渊源和目的以及占有改定自身的抽象性等特点,再对相关学说予以评析。
Acquirement in good faith is an important system of real rights in modern civil law. The system of obtaining bona fide purposes requires that the movable property has been delivered or the real property has been registered as an essential requirement. There is little controversy in the theoretical circles regarding the application of the bona fide nature of simple delivery and instruction delivery. However, there is much controversy over whether bona fide acquisition of a possession can be made or not. By discussing the origin and purpose of the establishment of the bona fide acquisition system and the abstraction of the possession of the bailout itself, the article reviews the related theories.