중국법에서의 선의취득제도

Abstract

The system of bona fide acquisition is a system that in order to protect reliance interest of the assignee who has goodwill at the expense of the real rights of ownership interests. The system of bona fide acquisition is conductive to safeguarding the security of transactions system in civil legislation in China and South Korean, as well as in the world. With the development of economy, international trade is become more and more frequently and complexly, and in order to improve the efficiency of the transaction, the application scope of bona fide acquisition is more and more widely. At the same time, the legislation of bona fide acquisition is also improving, Strictly speaking, before the Property Law is promulgated, China’s General Principles of Civil Law did not establish the system of bona fide acquisition. Although there are no complete rules, there were some applications in judicial practice, scattered and loose. According to the chaotic state of the system of bona fide acquisition, China promulgated the Property Law in 2007, which has defined the system of bona fide acquisition. Although the provisions are not perfect, it is of great significance to developing the system of bona fide acquisition of China, and also provide the theoretical basis for Chinese scholars’ research. We will first look at the historical sources of the acquisition system and then compare them around the components of the acquisition system to find the moving points of the acquisition system. In this paper, we first examine the historical roots of bona fide acquisition system, then compare the constituent elements of bona fide acquisition system between China and South Korea, and conclude the similarities and differences between them.