善意取得制度在中国的发展——解读我国《物权法》中的善意取得

Development of Goodwill Gets in China:Interpretation of Goodwill Gets in Chinese Ownership Law

善意取得,最初是罗马法中为了保护非法律行为条件下第三人的正当利益而设的理论和制度,后来演变成一切物权变动条件下对第三人保护的理论和制度。在我国法制史上善意取得经历了一个从不被承认到逐渐最终确立为物权法中一项重要制度的过程。但是,善意取得作为一项法律制度与物权行为理论相比有其自身的缺陷,只能发挥有限的作用。

Initially,the goodwill gets was not only a theory but also a system in order to protect the reasonable benefits of the third people under illegal action conditions in Roman law. Later it became a theory and system that can protect the third people under all ownership changing conditions. In Chinese legislation history, it experienced a process in which it was not admitted initially but gradually established to be a very important system in the ownership law. While, the goodwill gets has its defects as one legal system compared with ownership behavior theory. So, it can only play a limited role.