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善意取得制度是近代以来为适应商品交换需要而产生的重要法律制度。随着市场经济日益繁荣,交易节奏逐渐加快,善意取得制度在促进和保护市场交易安全,维护正常的市场交易秩序上起着至关重要的作用,因而被各国民法普遍接纳。我国《物权法》也明确规定了善意取得制度,以期最大限度保护无权处分情形下善意第三人的利益。但我国法制建设起步较晚,善意取得制度立法尚存缺陷,仍需进一步完善。本文通过对善意取得制度做理论上的探讨,并根据目前我国该制度的立法现状提出一些建议,以期裨益于我国该制度之完善。
The system of good faith acquisition is an important legal system that has arisen in modern times to meet the needs of commodity exchange. With the increasingly prosperous market economy, the pace of transactions has gradually accelerated. The system of good faith acquisition plays a crucial role in promoting and protecting the security of market transactions and maintaining the normal order of market transactions. Therefore, it is universally accepted by civil laws in various countries. China’s “Real Right Law” also clearly stipulates the system of goodwill acquisition, with a view to protecting the interests of the third-party who are bona fide persons without the right to disposal to the maximum extent. However, the construction of our legal system started late, and the system of goodwill acquisition still has some shortcomings in its legislation and needs to be further improved. This article makes a theoretical discussion on the system of goodwill acquisition and puts forward some suggestions according to the current legislative status of the system in our country in the hope of improving the system in our country.