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善意取得制度是物权法中的一项重要的制度。善意取得是指财产占有人无权处分其占有的财产,如果他将该财产转让给第三人,受让人取得该财产时出于善意,则受让人依法即时取得对该财产的所有权或者其他物权。我国《物权法》在立法上正式承认了该项法律制度并对其进行了充实和完善,使理论界和实务界长久以来的纷争在立法上有了一个结论,也为今后人民法院审判实践工作提供了法律依据。本文拟结合《物权法》,对善意取得制度的有关问题进行分析探讨,为今后《物权法》的全面实施,也为制定《物权法》司法解释,提供一孔之见。
Goodwill acquisition system is an important system of property law. Good faith acquisition means that the owner of the property has no right to dispose of the property in his possession, and if he assigns the property to a third person, the assignee acquires the property in good faith, the assignee immediately acquires the ownership of the property according to law or Other property rights. The “Property Law” of our country formally recognized this legal system and enriched and perfected it in legislation. This has led to the conclusion that the controversy between the theoretical circles and the substantive circles has been legislated for a long time. It also provides the people’s court with trial practice in the future The legal basis. This article intends to analyze and discuss the related issues of the goodwill acquisition system in combination with the Property Law and provide a precondition for the full implementation of the Property Law and the judicial interpretation of the Property Law.