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善意取得制度的适用在实务界和学界均有不同观点,尤其在具体案件上,争议颇多。不动产善意取得成立与否往往涉及利益巨大,甚至是当事人的全部身家,因此正确适用法律、公平公正处理意义重大。广州中院的二审判决对此有着样本意义。基本案情广州女士温某某和其前夫连某某长期感情不和。连某某不务正业,染上了炒汇和赌球恶习,背着温某某在外面负债累累,欠下许多高利贷。2008年7月又在不法财务公司安排下,盗取了温某某父亲留给她和儿子的位于广州市天河
The application of the system of bona fide acquisition has different perspectives in practice and academia, especially in specific cases. Since the establishment of the bona fide property of real estate often involves the enormous interests and even the whole family of the parties involved, it is of great significance that the law be correctly applied and that the fair and equitable treatment is carried out. The judgment of the second instance of Guangzhou Intermediate Court has a sample meaning. Basic case Wenzhou lady and his ex-husband Wen Moumou long-term relationship does not and. Even a certain business, caught the speculation and gambling bad habits, carrying Wen Moumou out of debt, owed many usury. In July 2008, again in the arrangement of unscrupulous financial companies, stole Wen’s father left her and his son in Guangzhou Tianhe