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物权变动中对第三人的保护,主要有善意取得制度、公示公信原则和物权行为理论。文章认为,善意取得制度是目前适用最广的制度,但由于善意取得的具体含义难以准确界定,无形中扩大了法官的自由裁量权,因而其适用具有局限性;公示公信原则是法律利用公示产生的公信力对第三人进行保护,但假若第三人有主观恶意,公示公信原则就会失去其应有的作用;物权行为理论为善意第三人利益保护提供了具体的理论基点,但对出卖人的利益保护稍显不足。因此文章建议,在我国应以物权行为无因性为基础,结合善意取得制度和公示公信原则建立起我国的第三人保护制度。
The protection of the third party in the change of property rights mainly includes the system of obtaining bona fidely, the principle of publicity and credibility, and the theory of property rights. The article holds that the system of bona fide acquisition is the most widely used system at present, but its application has its limitations due to the difficulty of accurately defining the precise meaning of bona fide acquisition and virtually expanding the discretion of judges. The principle of public credibility is the result of public use of law However, if the third party has subjective malice, the public principle of public trust will lose its due role. The theory of real rights behavior provides a concrete theoretical basis for the protection of the interests of bona fide third parties. However, The interests of the seller to protect slightly less than. Therefore, the article suggests that in our country, the third party protection system in our country should be set up on the basis of the non-causality of the property rights act, combined with the principle of goodwill acquisition and publicity.