On The Bona Fide Acquisition Of Real Property Rights

As an important system in the civil law, bona fide acquisition has been always received attention. New property law makes substantial changes to the system. It expands its field from the real right to the real property, so the debate, over the real estate is fit to bona fide acquisition or not, temporarily comes to the end of a stage. However, there are still many problems in the process of the application. The article analyses the historical origins, legislative comparison, value analysis and other aspects of the system, clarifies the relationship between the system and registration credibility, and also analyses the bona fide acquisition of real property. The article, combined with the regulations of property law of our country, analyses the elements and legal effects of the system,studies the problems occurred during the application and the measures which should be perfected of the system, tries to build up a complete system.This article is divided into five parts:The first part is the summary of the bona fide acquisition of real property, including theory and value basis of the system.The second part elaborates on the typical legislation of other countries and regions, including France, Japan, Germany, Switzerland, and Taiwan, and as well as in our country, to establish the bona fide acquisition of real property in the history evolution.The third part introduces the real property registration credibility and its relationship of the bona fide acquisition of real property. Combined with the real right legislation model and system design of our country, this article indicates that the real property registration credibility system cannot replace the bona fide acquisition of real property.The fourth part elaborates the elements of the system and the problems occurred during the application. The elements are as follows: the subject matters are non-malicious, the grantor has no right to share the matters, the grantee should be kind, the grantee should complete the transfer of real property registration, as well as the problems occurred during the application.The fifth part points out the shortcomings of the system, gives the author's suggestions, and tries to establish a perfect system with judicial practice.