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善意取得制度是物权法的一项非常重要的制度,各国民法均作了规定,但对于盗赃能否适用善意取得制度,各国立法有所不同,毕竟赃物不同于一般标的物,在制度的设计上必须严格其适用条件,但为了维护交易安全,稳定交易秩序,促进市场经济的发展,盗赃也应适用善意取得制度,这不仅符合民法的公平原则,也符合社会的公平价值观念,是市场经济内在规律的客观要求。
The system of good faith acquisition is a very important system of property law, which is stipulated in civil laws of various countries. However, the legislation of different countries is different from the system of bona fide acquisition of stolen goods. After all, the stolen goods are different from the common objects in the system design However, in order to maintain the security of transactions, stabilize the order of transactions and promote the development of market economy, the system of goodwill acquisition should also be applied. This not only meets the principle of fairness in civil law but also conforms to the fair values of the society and is a market economy The inner law of the objective requirements.