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善意取得制度的适用范围一直是我国学术界争论的热点问题,《物权法》第106条和第107条的规定似乎是为原有的争论作出了一个立法上的结论,但该两条规定并不意味着围绕善意取得制度适用范围的争论已经平息,争议反而更加激烈。本文认为善意取得制度既适用于动产,也适用于不动产、遗失物、脏物,但是却不能适用于有特殊人身性质的物。文中建议对于有特殊人身性质的物在规定不适用善意取得制度的同时也应对第三人的财产利益给予必要的保护。
The application of the system of bona fide acquisition has always been a hot topic in the academic debate in our country. The provisions of Articles 106 and 107 of the Real Right Act seem to have made a legislative conclusion for the original debate. However, the two provisions do not This means that the controversy surrounding the application of the system in good faith has subsided and disputes have become more heated. This article holds that the system of goodwill acquisition applies not only to movable property but also to real property, lost property and dirt, but it can not be applied to objects with special personal characteristics. The article suggests that for those possessing special personal traits, the provisions of the system should not be applied in good faith, but the property rights of the third party should also be given the necessary protection.