占有改定情形下善意取得制度适用研究

当交付为占有改定时，善意取得是否适用，将会使利益衡量与价值判断处于两难境地；本文对物权变动模式与善意取得之内在关系及善意取得之交易类型作了进一步研究，认为在占有改定情形下善意取得之适用问题。采类型说不失为合理之处理方法，并以该说为基础提出了立法建议。

Research on Bona Fide Possession System under the Ownership with Unchanged Occupation

through discussing practical basis under the bona fide possession system, this article brings forward an opinion that whether the bona fide possession would be applicable, when attaining ownership with unchanged occupation, will make it dilemma between interest weight and value judgment. The later half of this article also makes a further illustration on the interaction between model of rem and bona fide possession. It brings forward an opinion that to the former question, type doctrine is not a bad answer, in the meantime, it gives lawmaking suggestions as the theatrical basis for this doctrine.