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我国《物权法》规定了善意取得制度,其在适用对象上并未区分动产和不动产的内容。根据物权公示原则,通常情况下,动产和不动产分别以交付和登记为公示方式,据此二者物权变动的规则有着根本的区分。本文将结合《物权法》司法解释(一)的规定围绕动产和不动产善意取得的构成要件做详细阐述,进而指出我国善意取得制度的法律规范有必要对不动产和动产善意取得制度进行明确区分规定。
China’s “Property Law” provides for a goodwill acquisition system, the object of its application does not distinguish between movable and immovable property. According to the principle of publicity of property rights, under normal circumstances, movable and immovable property are delivered and registered respectively as the mode of publicity, whereby the rules governing the change of real property are fundamentally divided. This article will elaborate on the constitutional requirements of goodwill acquired by movable and immovable property in the light of the provisions of judicial interpretation (1) of Property Law, and then points out the legal norms of obtaining goodwill in our country. It is necessary to make a clear distinction between the system of goodwill acquisition of immovable property and movable property.