动产质权善意取得若干问题探讨

Study on Several Issues Relating to the Acquisition of Pledge over Movables in Good Faith

动产质权善意取得是物权法上一项重要制度,学者对之探讨却并不多,在我国制定物权法之际有予以探讨的必要。质权的善意取得有助于维护动产占有的公信力,并有助于实现质权鼓励交易,保障交易安全的社会功能。

The acquisition of pledge over movables in good faith is an important system of Real Law.However,it has not drawn much attention from the academic circle.It is therefore found necessary to discuss the system on the occasion of drafting Chinese Law of Things.It is held that the acquisition of pledge in good faith is helpful for safeguarding the credibility of the possession over movables and the realization of the social functions of the pledge in encouraging trades and guaranteeing that all transactions will be undertaken in a safe environment.