How to explain in detail bona fide third parties and pledges

Legal Analysis: Usually, a bona fide third party is the third party who does not know the true situation of the parties to the legal relationship. Generally, it refers to the right holder who has registered without knowing it in the process of legal transactions.

Other property rights that can be acquired in good faith include: pledge rights, lien rights, ownership rights, land contract management rights, easement rights, homestead rights, construction land use rights, and mortgage rights.

Legal basis: Article 61 of the Civil Code of the People's Republic of China In accordance with the provisions of the law or the charter of a legal person, the person in charge of engaging in civil activities on behalf of a legal person is the legal representative of the legal person. The legal consequences of civil activities carried out by the legal representative in the name of the legal person shall be borne by the legal person.

The legal person's charter or the legal person's authority body's restrictions on the legal representative's right to represent must not be opposed to the bona fide counterpart.

Article 341 The right to operate land with a circulation period of more than five years shall be established when the circulation contract takes effect. The parties concerned may apply to the registration authority for the registration of land operation rights; Without registration, it is not allowed to confront a bona fide third party.

Article 374:The easement shall be established when the easement contract takes effect. If the parties request registration, they may apply to the registration authority for the registration of easements; Without registration, it is not allowed to confront a bona fide third party.

Article 403 Where movable property is mortgaged, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to fight against a bona fide third reformer brother.

A bona fide third party refers to a party to a transaction that does not know or should not know that a transaction with a counterparty will harm the legitimate rights and interests of others. It mainly exists in the system of bona fide acquisition and the system of assignment of creditor's rights, and the scope of good faith is the fact that the legitimate rights and interests of others are not known or should not be known.

Acquired in good faith shall be subject to the following conditions:

Clause. 1. The transferor is a person who has no right to dispose of the property and takes possession of the property based on the will of the owner.

Clause. 2. The transferee acquires the property in good faith, and good faith means that he did not know and should not have known ......Whether the transferee is bona fide after the assignment does not affect its acquisition of ownership.

Clause. 3. Reasonable transfer. The so-called reasonable ** means not less than 70% of the market price or not more than 30% of the market priceClause.

Fourth, complete the statutory publicity method. That is, the transferred immovable property has been registered in accordance with the law, or the movable property that does not need to be registered has been delivered to the transferee

Whether it is obtained in good faith is of great significance in practice, and the law gives special protection to bona fide third parties to maintain the security of the transaction. However, it does not apply to bona fide acquisition of stolen goods, lost items, etc.

It can be seen that a bona fide third party does not depend on whether it is in commercial competition with the partnership, but whether the means used in his transactions and competition with the partnership are legitimate and lawful. Legitimate trading and competition is good-faith, and vice versa.

The legal basis is imitationHowever, this does not apply where the bona fide transferee knew or should have known of the right at the time of the transfer.

Article 545 of the Civil Code of the People's Republic of China: A creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances:

1) It cannot be assigned according to the nature of the obligatory right;

2) It may not be transferred in accordance with the agreement of the parties;

3) It cannot be transferred in accordance with the provisions of law.

Where the parties agree that non-monetary claims may not be assigned, they must not be used against a bona fide third party. Where the parties agree that monetary claims may not be assigned, they must not be used against a third party.

Acquisition in good faith means that after the possessor of the movable or immovable property of another person who has no right to dispose of it illegally transfers the movable or immovable property to a third party, if the transferee acquires the movable or immovable property in good faith, he can obtain the ownership of the movable or immovable property in accordance with the law, and after the transferee obtains the ownership of the movable or immovable property, the original owner may not require the transferee to return the property, but can only request the transferee to make the person (the possessor) compensate for the loss.

Legal basis: Article 311 of the Civil Code of the People's Republic of China Where a person without the right of disposition transfers immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:

1) The transferee is bona fide when it transfers the immovable or movable property;

b) the transfer of the first in order to be chaotic;

3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transferee shall be delivered to the transferee if it does not need to be registered.

Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition.

Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

A bona fide third party refers to a person whose third party does not know the true situation of the parties to the legal relationship, usually referring to the rights holder who is unaware of the illegal transaction. Acquisition in good faith means that after the possessor of the movable or immovable property of another person has the right to dispose of it, and illegally transfers the movable or immovable property to a third party, if the transferee acquires the movable or immovable property in good faith, he can obtain the ownership of the movable or immovable property in accordance with the law, and after the transferee obtains the ownership of the movable or immovable property, the original owner may not require the transferee to return the property, but can only request the transferor (possessor) to compensate for the loss.

1.Ownership is the right of the owner to possess, use, benefit and dispose of his property in accordance with the law.

2.A bona fide third party, i.e. a third party who does not know the true situation of the parties to the legal relationship.

3.The bona fide acquisition system is an important legal system in the civil law of modern civil law and common law systems.

The bona fide acquisition system refers to a legal system in which a person without the right to dispose of his property transfers his property to a third party for a fee, and if the transferee acquires the property in good faith, the transferee will immediately acquire the ownership of the property in accordance with the law.

Good faith to obtain a legal basis:

1.Safeguard the interests of the owner and ensure the security of ownership.

2.It focuses on safeguarding the interests of bona fide transferees and promoting the security of transactions.

3.When there is a conflict of rights between the owner and the bona fide transferee, the focus should be on protecting the bona fide transferee. This is conducive to maintaining the security of transactions and also helping to encourage transactions.

4.In the ever-changing information age, it is generally unrealistic to require the parties to verify whether the rights of each transaction partner are true. If the assignee does not know or should not know that the assignor has no right to transfer the property, and after the transaction is completed, the transaction is invalidated due to the transferor's lack of right to dispose of the property and the bona fide third party returns the acquired property, which not only overturns the property relationship that has been formed, but also makes the parties have doubts in the trading center, thus causing the insecurity of the parties' transactions.

Legal basis. Civil Code of the People's Republic of China

Article 311: Where a person without the right to dispose of the immovable or movable property transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:

1) The transferee is bona fide when it transfers the immovable or movable property;

b) transfer in a reasonable manner;

3) The transferred immovable or movable property shall be registered in accordance with the provisions of the law, and the transferred immovable or movable property shall be registered and the number of items that do not need to be registered shall be delivered to the transferee.

Where the transferee acquires ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition.

Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.