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传统民法理论为维护交易安全,保护善意第三人的信赖利益,设立了善意取得制度与公信原则两项法律措施。二者有着严格的适用范围,但我国物权法对传统理论进行了重大改造将不动产也纳入善意取得中。本文拟就不动产善意取得制度与公信原则的关系进行探讨。
In order to safeguard the security of transactions and protect the trust benefits of the third-party who are goodwill, the traditional theory of civil law has set up two legal measures: the system of goodwill acquisition and the principle of public trust. Both have a strict scope of application, but China’s Property Law has made a major transformation of the traditional theory will also be included in real estate acquired in good faith. This article intends to discuss the relationship between the system of good faith acquisition of real estate and the principle of public trust.