论善意取得制度在不动产上的适用

善意取得是各国民法物权法上的一项重要的法律制度,它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。不动产善意取得制度的研究,重在解析我国不动产善意取得的构成要件和法律效力,须以不动产善意取得制度的渊源和理论基础为出发点,同时,对我国应该实行不动产善意取得制度的问题进行深入探讨,还有必要综合考察不同法系国家的善意取得制度。

On good faith acquisiton's application in estate

Acquisition in good faith is an important legal system in Property Rights Law of civil law in each countries,which resolves the conflict between the owner and the faithful assignee in chief,confirms and protects the right obtained in the transaction of property rights. In the research of the system of the acquisition real estate in good faith,it is important to analysis the composited elements and the legal forcement of our county＇s acquisition real estate in good faith,and it is to be the starting point that origin and theoretical basis of the system real estate acquisition in good faith. At the same time,for deep discussion of the system of real estate acquired in good faith as the center, it is also necessary to inspect synthetically the different acquisition system of real estate in good faith in different legal family.