信托财产的合法性是关系信托构造成立的核心要件,然而现实中有可能出现委托人将自己无权处分的财产移交给受托人,此时受托人能否成立善意取得?大陆法系国家设立信托财产占有瑕疵承继制度予以排除,我国并未设立该制度。本文将初步介绍这一制度,并我国现有法律制度进行评析,并提出完善我国信托立法的建议。 The legitimacy of the trust property is the core requirement for the establishment of the relationship trust structure. However, in reality, it is possible for the principal to transfer the property which he does not have the right to dispose to the trustee. At this time, can the trustee establish the goodwill acquisition? Property ownership defects inheritance system be ruled out, our country did not establish the system. This article will introduce this system initially, and analyze the existing legal system in our country, and put forward the suggestion of perfecting our country’s trust legislation.