善意取得制度的适用

善意取得制度是确定动产所有权归属的一种方式,一旦适用就可以确定善意第三人取得动产所有权,原所有人不仅不享有对善意第三人的追及权,也不得请求其返还原物,而只能要求过错人赔偿其损失,所以能否适用善意取得制度关系到原所有人与善意第三人双方利益得失,判断什么条件下适用,这要求掌握好善意取得制度的适用要件,通过对司法考试案例及其它典型案例的分析总结,将已熟知的善意取得的构成要件归纳成一条逻辑判断锁链无非是适用善意取得制度的好方法。

The Application of Benevolent Acquisition

Benevolent Acquisition is a means of judging the ownership of moveable property. When applied, it is able to judge the proprietary rights of the third party acting in good faith. The real possessor has no right to recover originals from the third party but to claim for damages on the defaulter one. Therefore, gains and losses concerned with the real possessor and the third party are decided on the application of Benevolent Acquisition. One needs to have a good command of its requisites in order to judge when and what requisites it is applied on. It is obviously a good way to apply Benevolent Acquisition to inducing its requisites into a logically judged chain through analyzing and summarizing the cases in judicial tests and other typical cases.