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作为善意取得基础的转让合同,系无权处分,其效力依《合同法》第51条判断,在此应特别注意我国民法因不采纳物权行为理论而与德国民法的差异。善意取得构成后,所有权由受让人获得,转让合同已不可能被补正,故为无效,转让人与受让人之间债的关系依不当得利制度调整。善意取得不要求转让合同有效的构成要件,但转让合同具有《合同法》第52、54条所规定的无效或可撤销事由时,应从若干制度、原则的衔接配合出发,阻止善意取得的构成。
As a goodwill basis for the transfer of the contract, the Department has no right to punish, the effectiveness of “contract law” under Article 51 to determine, should pay special attention to our civil law because of non-adoption of the theory of property rights and German civil law differences. After the bona fide acquisition is made, the ownership is obtained by the assignee and the contract of assignment can not be corrected. Therefore, the relationship between the assignor and the assignee is adjusted according to the unjust enrichment system. When a goodwill acquisition does not require the effective elements of a transfer contract, when the transfer contract has the invalid or revocable cause stipulated in Articles 52 and 54 of the Contract Law, the composition of goodwill acquisition should be deterred from the connection and cooperation of a number of systems and principles.