Korchagin M. Bona fide acquisition of property, which was sold by an unauthorized person

The thesis contains a comprehensive study of legal system construction of bona fide acquisition of property from an unauthorized person. There is proposed common understanding of good faith in civil law. It is proved that the basis of good faith acquisition lies in a publicity principle and the "opposition effect" of a subjective right. It argued that the legal status of a bona fide purchaser is intermediate. The mechanism and the conditions of bona fide acquisition of the property is found out. It is proposed to solve the legal conflict between the owner and the purchaser by means of the validity of the risk assessment and trust in the actions of these persons. It is argued that the conclusion of an agreement by an unauthorized person is not a ground for invalidity of the agreement. It is proposed to allow bona fide acquisition of any objects of civil rights if they are transferable and this method of acquisition is not contrary to the essence of the object.