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善意取得制度是一项古老的制度,有很早的渊源。但在我国被《物权法》正式确立却还不到十年。在司法实践中,判决书多只是简单援引法条,结合案情,然而,援引的法条里的“无权处分”、“善意”、“需要登记已经登记”等概念有诸多不同的理解,结合案情来探讨值得肯定,只是判决书多说理性不强。学理中善意取得制度理解也没有统一。本文认为,无论是进行学理讨论还是进行司法判定,都需要以明晰立法取向为第一要务。本文试图通过研究善意取得制度中的一些关键性概念如“无权处分”、“权利外观”“公信力”来进行深入的探讨,对一些传统观点进行分析,将善意取得制度相关问题加以明晰,以便这一制度在我国能够得到恰当适用。本文在论述中插入2016年的物权法司法解释佐证自己的观点。
Goodwill acquisition system is an ancient system, with very early roots. However, it was less than ten years that our country was formally established by the “Property Law”. Judicial practice, the verdict is more than simply invoking the law, combined with the case, however, the law cited in “no right to dispose ”, “goodwill ”, “need to register has been registered ” and other concepts there are many Different understandings, combined with the merits of the case worthy of recognition, but the verdict to say more is not rational. There is also no uniform understanding of the system of goodwill acquisition in science. This article argues that whether it is to conduct academic discussions or to make judicial decisions, it is necessary to clarify the legislative orientation as the most important task. This article attempts to conduct an in-depth discussion through studying some key concepts in the system of goodwill such as “no power to dispose of ”, “appearance ” “credibility ”, Related issues are clarified so that this system can be properly applied in our country. This article in the discussion into 2016 judicial interpretation of property law to support their own point of view.