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1、/ D412202212()2022485101Logical Justification and Legislative Analysis of Contractual Validity on Which Bona Fide Acquisition Based 10651Well understanding contract effectiveness of bona fide acquisition is a logical presupposition to deal with the potential conflict and relatively theoretical confu
2、sion between article 106 of Property Law and article 51 of Contract Law during their application. The contract of bona fide acquisition should be valid since unauthorized disposition does not affect the validity of a contract. Since bona fide acquisition should follow the general rule of transferrin
3、g property right which was stipulated in Property Law, the contract on which it was based hereby is valid. Even so, the validity of the contract can not secure the absoluteness of property right which the bona fide person acquired. The absoluteness still needs public reliance in public notification
4、to secure the bona fide person by his declining the claim of restituting the thing of the original right-holder. Based on valid contract and following the general role of transferring property right, the legal nature of bona fide acquisition should be derivative acquisition. Numbers of practical values of the validity of the contract show that it should be clearly confirmed in Property Law and the Article 51 of Contract Law should be expurgated during legislative amendment in the future. / 1065151(1)(2)5151?
