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我国物权法在所有权取得的特别规定中确立了善意取得制度,确定了善意取得制度的范围包括动产和不动产,确定了善意取得制度的构成要件。然而物权法对于善意取得的规定较为笼统模糊,在实际运用中产生了不少问题,本文从善意取得构成要件的认定标准这一角度出发,以期善意取得制度在司法实践中的完善。
The Property Law of our country established the system of goodwill acquisition in the special provisions on the acquisition of ownership, determined the scope of the system of goodwill acquisition, including movable and immovable property, and established the constitutional elements of the system of goodwill acquisition. However, the Real Right Law has made the rules of bona fide acquisition more general and obscure, which has caused many problems in the practical application. In this paper, from the perspective of the standard of obtaining the bona fide constituent elements, in order to improve the system of bona fide acquisition in judicial practice.