我国物权法应当确立不动产善意取得制度

善意取得制度是为世界各国物权法所确立的一种重要法律制度,其中不动产的善意取得也为很多国家物权法律所确认。虽然我国最高法院的司法解释对动产的善意取得作了某些规定,但我国民事立法对此至今仍处于一种空白状态。确立不动产善意取得制度,是促进我国市场交易稳定发展的客观要求。我国即将制定的物权法不仅应确立动产的善意取得制度,而且应当进一步确立不动产的善意取得制度。

Property rights law in China should establish the system of real poverty acquired in goodwill

Acquisition in goodwill is an important legal system established to the poverty rights law in the world. Real property acquired in goodwill has been acknowledged by the poverty rights law in many countries. Although the Supreme Court made a judicial interpretation of certain provisions of movable property acquired in goodwill, this legislation is still a blank in civil legislation in China. Establishing acquisition of real property in goodwill is to promote the stable development of China's market trade. China will not only establish the system of obtaining the movable property in goodwill but also establish the system of real poverty acquired in goodwill to develop the property rights system.