Study On Good Faith Acquisition About Real Estate

Good faith acquisition is an important system of real law. It is of such significance that it makes a great contribution to securing the transaction of movables, promoting the smooth flow of commodities as well as maintaining a stable economic order. Due to its above merits mentioned, it has been widely recognized as an important legislation in many countries. About whether the good faith acquisition can be applied in real estate ,opinions differ from each other in academia. The dissertation has been divided into three parts to research the system of the good faith acquisition about real estate.The first chapter analyzes the theory origin of the good faith acquisition. The legal science research first need to have the clear limits concept, Therefore, the author first defines the concept of the real property in this chapter , and points out our country should accept the physical standard to divide the movable property and the real property . Then, analyzes the system origin of the good faith acquisition, which originate from the principle of Hand muss Hand Wahren in ancient Tentonic Law, and absorb the important document of good faith in Roman law .Finally points out the logical basis and the theory basis of the good faith acquisition: force of public credit and social standard. The second chapter is divided into four sections to analyze the necessity to establish the system of good faith acquisition about real estate in our country. The first section is the dissertation and the appraisal to the theory about opposing to apply the good faith acquisition in real estate. The second section analyzes the system basis by which to establish the good faith acquisition about real estate in our country, Through analysis and comparison about real estate registration system in various countries, points out present real estate registration system in our country is the system basis to establish the good faith acquisition about real estate. The third section analyzes the practical basis by which to establish the good faith acquisition about real estate in our country, there are many registration defects in the filed of real estate registration in the real life, and that cause inconsistent situation between right content registered with the real right condition, and this is the practical basis to establish the good faith acquisition about real estate . The forth section analyzes the related judicial interpretation and the related specific legislation and the real laws in our country, points out that it is general trends to establish the good faith acquisition about real estate in our country.The third chapter puts forward proposal for constructing the system of good faith acquisition about real estate theoretically .First of all, analyzes the seven important documents comprehensively. And points out how to change the backward situation in present real estate registration in our country ,establish the perfect registration system, to reduced the inconsistent situation between right content registered with the real right condition as far as possible. At the same time, in order to balance the benefit between the owner and the property grantee who has good faith, we should coordinate the conflicts between the system of good faith acquisition and the system of unauthorized disposition.