论善意取得与无权处分——以善意取得与无权处分的关系为中心

On Acquirement by Goodwill and Unauthoriaed Disposition——Centered on the Relationship between Acquirement by Goodwill and Unauthoriaed Disposition

以无权处分为前提的善意取得制度是物权法上的一项重要制度,其设立的宗旨在于维护物权交易的动态安全,并协调与平衡真实物权人与第三人之间的利益关系。旨在辨析现行法律制度下无权处分与善意取得之间的关系,分析二者关系背后的正当性基础。同时指出善意取得制度在现行无权处分法律框架下的缺陷,并探究有效衔接无权处分与善意取得制度的合理途径。

The system of acquirement by goodwill which is taking unauthoriaed disposition as premise is an important system in the Law of Reality, its setting aim is to stick up for the dynamic safety of property bargaining, and harmonize banlance the interest relationship between the real property people and the 3rd person. This paper＇s aim is to differentiate the relationship between acquirement by goodwill and unauthoriaed disposition under the current law system, and analyze the justice basis behind their relationship. At same time, this paper points out the disfigurement under the law frame in the current unauthoriaed disposition system of acquirement by goodwill, and explores the reasonable ways which join the unauthoriaed disoosition and acquirement by goodwill system effectively.