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倍受关注的河北省邯郸市农业银行支行金库被盗案近期有了一审结果,任晓峰、马向景二人以贪污罪被判处死刑。任、马二人非法获取四千多万元巨款用于购买彩票,案件受害方邯郸农业银行能否向当地体彩中心索回任晓峰等人用于买彩票而支付的巨款?善意取得能否适用于该案?本文通过分析善意取得制度基本理论,结合新出台的物权法规定,指出此案不适用善意取得,巨款应予追缴返还给邯郸农业银行。
Concerned about the bank robbery of Handan City, Hebei Province branch of the bank vault recently the first instance results, Ren Xiaofeng, Ma Xiang Jing two were sentenced to death for embezzlement. Ren, Ma two illegally obtained more than 40 million yuan for the purchase of lottery tickets, the case of Handan Agricultural Bank of China can recover the local body lottery center Ren Xiaofeng, who used to buy lottery tickets and the huge sum of money? Applying to this case? By analyzing the basic theory of bona fide acquisition system, combined with the newly introduced Property Law, it is pointed out that the case is not applicable to goodwill and the huge sums should be recovered and returned to Handan Agricultural Bank.