浅析不动产善意取得制度

善意取得制度,是各国民法物权法上一项重要法律制度,其内容涉及民法财产所有权静的安全与财产交易动的安全的保护问题。传统民法理论认为该制度适用范围仅以动产为限,文章对此持相反观点,并从不动产善意取得的存在依据、必要性、适用范围阐述了对该制度的看法,指出不动产亦可适用善意取得制度。

A Tentative Study of Acquisition in Good Faith System of Real Estate

Acquisition in good faith system is an important system in civil law and the law of property ownership, including the protection on the safety between the stillness of the ownership of property and the activity of property exchange. Theorists of traditional civil law thought that the system is only suitable to the movable property. This paper has the opposite opinion on it and gives its own view that real estate is also suitable to the acquisition in good faith system by analyzing the existing basis and necessity of the acquisition of real estate.