不动产善意取得再探

善意取得作为保障交易安全、维护整个市场经济秩序的必须的法律制度安排，一直是以动产交易物为构成要件的。动产善意取得的直接的逻辑基础源于占有的推定力和公信力，其理论基础在于对交易安全的追求。不动产善意取得的直接逻辑基础为登记的推定力及公信力，其理论基础同样源于对交易安全的保护。传统的善意取得只适用动产是历史的惯性使然，登记的公信力作为抽象的原则不能直接达到保护不动产交易安全的目的，不动产善意取得制度的建立不仅可能而且必要。

On the Bona Fide Acquisition of Real Estate

Acquisition in good faith is the indispensable legal system arrangement which preserving the order of the whole economic market and guaranteeing deal safety need to be. It always regard the chattel as one of the premise. The direct logic foundation that the acquisition of chattel in good faith comes from the official belief force and presumption force of possession. Its theoretical basis lie in the pursuing for deal safety. The direct logic foundation that the acquisition of real estate in good faith originates from the official belief force and presumption force of register, and its theoretical basis also lie in the protection to deal safety. That the traditional acquisition in good faith only applies to the chattel is the result of historical inertia . As the abstract principle, the official belief force of register can't attain the purpose of protecting the deal safety of real estate directly. The establishment of the system of the acquisition of real estate in good faith is not only probable but also necessary.