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善意取得又称即时取得,是指无处分权人将其占有动产或登记在其名下的不动产转让给第三人,若第三人在交易时出于善意即可取得该财产的所有权,原所有权人不得追索的法律制度。该篇从善意取得的要件,善意取得制度中略存争议的几个问题及善意取得制度与法律上其他善意保护制度的区别几方面加以论述。关于赃物是否善意取得,该篇赞同有条件的对赃物实行善意取得。
Bona fide acquisition, also known as instantaneous acquisition, refers to the transfer of the movable property or the real property registered under its name to a third person by a decentralized person, and if the third person gains ownership of the property by goodwill during the transaction The legal system that the owner can not recourse This article discusses several issues that have been obtained in good faith, some controversial issues in the bona fide acquisition system, and the differences between the bona fide acquisition system and other bona fide legal protection systems in law. Regarding the goodwill of the stolen goods, this article agrees with the condition that the stolen goods are bona fidely obtained.