论文部分内容阅读
善意取得制度是协调个人利益与社会利益,平衡所有权人与善意第三人之间利益不可缺少的一项制度。由于各国民法在善意取得制度问题上并无原则分歧,再加上我国学界对此问题也多有探讨,对其认识也几乎取得一致。本文仅对善意取得构成要件若干比较细节的问题展开探讨,以期对物权法中规定的善意取得制度有更好的理解。
The bona fide acquisition system is an indispensable system for coordinating the interests of individuals and the interests of the society and balancing the interests of the owners of the ownership and the third party who are goodwill. As there is no principle of disagreement on the system of bona fide acquisition of civil law in various countries, as well as more discussion on this issue by our academic circles, the understanding of them is almost the same. This article only discusses some details of the constitutional requirements of goodwill in order to get a better understanding of the system of goodwill obtained in the Property Law.