动产他物权的善意取得探析

The Bona Fide Acquisition of Movable Estate of Jura in Re Aliana

动产质权可经设定而善意取得 ,但在构成上有其特殊性。留置权的构成与善意取得的构成存在结构性冲突 ,故不可能经“设定”而善意取得。动产抵押权可经设定而善意取得 ,并且该取得不以取得占有为要件 。

The pledge of movables can be acquired with good will wonder provisions but entails its peculiarity in its constitution. The constitution of lien and acquisition with good-will has conflict and thus it can not “be provided for” for its acquisition. The rights of chattel mortgage, however, can be acquired through “being provide for” and in addition such an acquisition shall not be considered as a necessary constituent for possession