The discussion on the constituent elements of the rule of purchasers in normal business operations has emerged since the era of property law.After the Civil Code was en-acted,it has sparked even more heated debates among scholars.Among these,the contro-versy over the purchaser's good faith status is the most prominent.To resolve this contro-versy,an analysis of the purchaser's good faith status can be conducted at the interpretive level:Under comparative interpretation,a broad determination of good faith would dilute the necessity of the purchaser's good faith as an independent constituent element;Under systematic interpretation,the rule of purchasers in normal business operations and the rule of good faith acquisition have substantive differences and cannot be interpreted identically.Therefore,compared to being an independent element,the purchaser's good faith is more reasonable as a reference factor for auxiliary judgment under the condition of normal busi-ness operations.
关键词
正常经营买受人规则/买受人善意/法律解释
Key words
rule of purchasers in normal business operations/the purchasers'good faith/legal interpretation
维普
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