论盗赃物、遗失物的善意取得

ON the Bona Fide Acquisition of Thief Booty and Lost Property

善意取得制度是物权法的一项非常重要的制度,各国民法均作了规定。但对于盗赃物、遗失物能否适用善意取得,各国立法不同。为了维护交易安全,稳定交易秩序,稳定现有的经济关系,促进市场经济的发展,盗赃物、遗失物也应该适用善意取得制度,这不仅符合民法的公平原则,也符合社会的公平价值观念,是市场经济内在规律的客观要求。

The system of Bona Fide acquisition is a very important one in the law of real right, and the civil law of each country has relevant regulation about it. But the thief booty and lost property can be obtained suitably with Bona Fide or not, different countries have different legislations on it. In order to ma- intain the trade safely, stabilize the trade order and the existing economic relations as well as promote the development of market economy. In this paper, it thinks that the thief booty and lost property should also be suited the systen of Bona Fide acquisition, which not only accords with the fair principle of the civil law but also answers for the fair values of the society. It is the objective demand for the inherent law of the market economy.