关于善意取得制度的立法探讨

善意取得制度主要解决财产所有人与善意受让人之间的冲突,确认和保护善意受让人在交易中已取得的物权.善意取得制度的构成要件包括标的物须为动产,受让人须为善意,受让人须基于法律行为受让动产所有权,让与人须无动产的处分权,受让人已取得动产的占有且须为有偿取得.

A Study of Legislating the hold-in-good-faith System

The hold-in-good-faith system is an important system in the real right of the civil law.It mainly deals with the conflicts between the owner of property and the good-will grantor,confirms and protects the real right already obtained by the grantor in trading. The requisters constituing the good-in-faith system include the following: the target must be movable property; the grantor must be in good faith; the grantor must obtain the ownership of movable property by legal act, the grantee has no right to dispose of the movable property; the grantor has established the ownership of the movable property; the establishment of the ownership should be non-gratuitous.