A Study On Acquisition Of Real Property In Good Faith

The acquisition in good faith, which makes a great contribution to protecting dealing safety as well as promoting the smooth flow of commodities, has been an important legal system both in the Romano-Germanic law system and the Anglo-American law system. It has been widely recognized as an important legislation in the area of movable property, but different countries have different legislations about whether the principle can be applied in the area of real property. With the rapid development of real property transaction, real property transaction tends to affect the stability of economic environment. Therefore, safety concerned with real property transaction has aroused more and more attention in our society. To meet the needs of protecting dealing safety, the Real Right Law of our country definitely recognizes acquisition of real property in good faith.The thesis aims to make a thorough study of comparison of legislations and theoretical foundations of the system, and probes into the feasibility and necessity of the system. Based on the Real Right Law of our country, the thesis also attempts to explicate how the system of acquisition of real property in good faith be applied in judicial practice, and how to coordinate the conflicts between this system and the registration system, which helps to perfect the system of acquisition of real property in good faith in our country. The thesis is divided into four chapters, the summary of which is as follows:Chapter 1 deals with the fundamental theory of acquisition of real property in good faith. It includes the definition of real property, the summarization of acquisition in good faith, and the definition of acquisition of real property in good faith.Chapter 2 compares the different legislations both in the Romano-Germanic law system and in the Anglo-American law system, and finds out the influence of the legislative mode of alteration of real right to acquisition of real property in good faith. Chapter 3 discusses the foundations of acquisition of real property in good faith in our country, in respect of the practical basis, value basis and logical basis.Chapter 4 expatiates on the constitutive requirements and legal effect of the system, based on the Real Right Law of our country, and points out how to establish the perfect registration system, in order to coordinate the conflicts between acquisition of real property in good faith and the registration system of real property.