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善意取得是指占有他人动产并对此无处分权的人,将动产转让给第三人后,如果受让人在取得时是善意的,就可依法取得该动产的所有权,原所有人也不得要求受让人返还。在罗马时期并未受到承认,但是在日耳曼时期,产生了以手护手的原则,这就是善意取得制度的由来。现如今,善意取得制度已成为民法重要制度之一,对发展市场经济具有重要作用。但是其中有关赃物的善意取得仍有待探讨。本文从赃物善意取得制度建立的意义出发,结合我国现状,尝试提出建立该制度的有关见解。
Goodwill acquisition refers to the possession and non-decentralization of others who move the movable property to a third party, if the assignee is acquired in good faith, you can get the ownership of the movable property, the original owner shall not Requires the assignee to return. It was not recognized during the Roman period, but during the Germanic period a principle of hand-guarding was created, which is the basis for a bona fide acquisition. Nowadays, the bona fide acquisition system has become one of the important systems in civil law and plays an important role in developing the market economy. However, the bona fide acquisition of stolen goods remains to be seen. This article from the meaning of the system of obtaining goodwill stolen goods, starting with the status quo in our country, trying to put forward the relevant views of the establishment of the system.