善意取得中外比较研究

A Comparative Study on Acquisition in Good Faith

近现代的善意取得制度源于《德国民法典》,其设立的目的在于保护善意取得人的利益及交易安全。2007年我国颁布的《物权法》也对善意取得制度作出规定。通过比较法上的观察和探讨,不仅可以了解我国《物权法》中善意取得制度与大陆法系中善意取得制度的渊源关系,也有益于我国这一制度的进一步完善。

The modern system of acquisition in good faith has originated from the German Civil Code, and the purpose of its establishment is to protect the interests of the people who have the acquisition in good faith and to ensure transaction security. The Property Law of the People＇s Republic of China, which was promulgated in 2007, also stipulates the system of acquisition in good faith. The observations and discussions through comparison in the present paper reveal not only the relationship between acquisition in good faith and that of the civil law system, but also the benefit for the further improvement of this system in China.