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善意取得是一项古老的法律制度,其传统的适用领域是动产所有权,随着时代发展的需要,法学界开始越来越多的关注不动产的善意取得。我国也在经历了长期的学界争论后,终于在《物权法》中确立了不动产善意取得制度。但是,就现今我国确立的不动产善意取得制度来看,在个别问题上仍存在不足之处,本文拟在对其中的不足和完善略作探讨。
Goodwill acquisition is an ancient legal system, and its traditional application field is the ownership of movable property. With the development of the times, the legal community has begun to pay more and more attention to the goodwill acquisition of real property. After experiencing a long period of academic debate, our country has finally established the system of bona fide acquisition of real property in the Real Right Law. However, judging from the system of bona fide acquisition of real estate established in our country today, there are still some shortcomings on some issues. This article intends to make a brief discussion on the inadequacies and improvements in this field.