论善意取得制度中善意之判断

Judgment of Good Faith in the Principle of Good Faith to Obtain

善意取得制度为物权法规定的重要制度,专为保护善意第三人的利益而设,虽牺牲权利人的利益但换取了交易安全,故立法在抉择之际,更多地关注了第三人在与无权处分人进行交易时主观上是否具有善意。因而判断第三人是否具有善意成为能否适用善意取得制度的关键。

The principle of good faith to obtain is important in Real Estate haw and its aim is to protect rights of the third party who has good faith. Although it sacrificed the owner＇ s benefit but ensures transaetion security. Legislation paid more attention to the intention of the third party and the person who had no rights to deal. It is the key point as how to judge whether the third party has good faith.