物权行为与善意取得保障交易安全机能之分析与比较

物权行为和善意取得以各自不同的机制,保护交易关系中的第三人利益,从而维护交易安全。物权行为以其无因性原则,切断前手交易的瑕疵,保护第三人利益,具有保障无偿取得者正当利益和维护债权人权益的善意取得所不具有的机能。但在无权处分时,物权行为无法发挥作用,只能借助于善意取得制度来实现对第三人利益的保护。物权行为和善意取得在保障交易安全方面的机能各有所长,两者均不可偏废,都应在我国的物权立法中体现。

Analysis and Comparison on Function between Juristic Acts of Real Rights and Acquisition in Good Faith

Juristic acts of real rights and acquisition in good faith protect interest of the third person in transaction in different way,And keep the safety of transaction. The principle of Abstractct nature of juristic acts of real rights cut off the effect ex-hand's faults to protect interest of the third person. It has the function which acquisition in good faith has not to guarantee the proper benefits of the third person who obtains the property but did not pay to the price and protect the benefits of the creditor. But if seller have no right to treat property,Juristic acts of real rights can't play rule,only depend on acquisition in good faith to protect interest of the third person. Juristic acts of real rights and acquisition in good faith has Advantage and shortcoming itself in keeping safety of transaction. We should treat them with the same attitude,they should be adopt by the law of the our country.