“正常经营买受人”规则与善意取得的逻辑疏证

Logic Analysis on Regulatory Regime of Good Faith Acquisition and Rule of “Buyer in Ordinary Course”

摘要: “正常经营买受人”规则与善意取得制度的关系构建中，“正常经营买受人”规则是善意取得制度的特殊情形，善意取得制度涵盖“正常经营买受人”规则。“正常经营买受人”规则作为善意取得的附属制度，“正常经营活动”为买受人识别权利归属的事实依据，“正常经营活动”为善意取得中“善意”的表征之一。

Abstract: To define the relationship between rule of buyer in ordinary course and regulatory regime of good faith acquisition, the rule of buyer in ordinary course is one of a special circumstance of regulatory regime of good faith acquisition, the regulatory regime of good faith acquisition covers over the rule of buyer in ordinary course. As an affiliated rule of regulatory regime of good faith acquisition, buyer in ordinary course is the factual basis for buyers identifying the attribution of rights, which is also the appearance of good faith in regulatory regime of good faith acquisition.