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善意取得制度是《物权法》中的一项重要制度,尽管我国尚未制定《物权法》,在《民法通则》中也未确立善意取得制度,但理论界已经承认了动产的善意取得制度并在司法实践中得到了很好的运用,而对于善意取得制度是否能够适用于不动产领域,不仅立法上没有明确,在理论界也存在着较大的争议,这给我国的不动产审判实践带来极大的混乱。笔者认为,为适应我国社会主义市场经济的发展,确立不动产的善意取得制度在理论上和实践上都是可行的,本从将从逻辑合理性、现实必要性及否定不动产善意取得制度观点的理论缺陷三个方面对此加以阐述。
The system of goodwill acquisition is an important system in “Property Law”. Although China has not yet formulated the “Property Law” and has not established the system of goodwill acquisition in the “General Rules of Civil Law,” the theoretical circle has admitted that the system of goodwill acquisition of movable property has been implemented in judicial practice Has been well used, and whether the system of bona fide acquisition can be applied to the field of real estate, not only not clear legislation, there is a big controversy in theorists, which has brought great confusion to China’s real estate trial practice . In my opinion, in order to adapt to the development of socialist market economy in our country, it is feasible in both theory and practice to establish a goodwill acquisition system of real property. This theory is based on the theory that the rationality of rationality, the necessity of reality and the goodwill of the real property of denial Defects are described in three aspects.