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善意取得制度是民法的一项重要制度,为平衡财产所有权的静态安全和财产交易的动态安全而创设,对动产适用善意取得制度已在世界广大范围内得到共识,而不动产是否适用则未取得一致意见。我国在物权法中最终明确不动产适用善意取得制度,统一了这一制度的适用对象,对整个物权法的构建起到了积极作用,但仍有一些问题值得我们思考。
The system of good faith acquisition is an important system of civil law. It is created to balance the static security of property ownership and the dynamic security of property transactions. The application of bona fide acquisition of movable property has been agreed on a broad scale in the world, and the applicability of immovable property has not been unanimously agreed opinion. In the property law, China finally clarifies the system of goodwill acquisition of real property and unifies the applicable object of this system, which plays an active role in building the entire property law. However, there are still some problems worthy of our consideration.