善意取得制度的体系分析与完善

善意取得是指无权处分他人财产的财产占有人,在不法将其占有之财产转让给第三人以后,如果受让人在取得财产时出于善意,就可以取得该财产的所有权。善意取得实际上是对基于动产占有和基于不动产登记产生公信力的保护,是保护交易安全的重要措施。我国立法和司法实践承认了动产所有权、动产质权、留置权和不动产所有权的善意取得,应当拓展至抵押权与权利质权,以完善善意取得制度体系。

Analysis and Improvement of Acquisition in Good Faith

Acquisition in good faith means the property holder,who has no right to deal with the property of other people,but after transferring the illegally possessed property to the third person if the grantee obtains the property out of the good faith,may obtain this property rights.The acquisition in good faith actually is the protection based on the possession of movable property and the effect of immovable property registration as well as the important measure to protect the transaction secutity.The legislation and judicial practice of our country acknowledged the acquisition in good faith system in terms of the movable property rights,the pledge of movables,the lien as well as the real estate property rights,which should be developed to the mortgage and the pledge of right in order to perfect the acquisition in good faith system.