善意取得与公信原则

Acquisition in Good Faith and Credit Principle

善意取得制度在法律上的逻辑依据在于占有与登记的公信力,换言之,善意取得是公信原则的具体化、制度化。我国不少学者所列出的善意取得与公信原则的五点区别,根据不足,均存疑问。切实厘清善意取得与公信原则之区别,于立法、于实务均有裨益。

The logical basis for acquisition in good faith lies in possession and credit of registration. In other words, acquisition in good faith is the concrete performance and the performance in system of credit principle. The five differences between acquisition in good faith and credit principle listed by many learners of our country are insufficient and questionable, Therefore, to draw a clear demarcation line between acquisition in good faith and credit principle is beneficial to both legislation and practical work.