A Study On The Problem Of Perfecting Legislation And Realization Of Difficulty In Real Estate

the system of bona fide acquisition is an important property law system combining in Germanic law "in the principle and law of Rome hand" the acquisitive prescription system generated. The system of bona fide acquisition value target is constructed, through the adjustment of the rights of indigenous people and goodwill transference problem people belonging to something, to break the traditional concept of social transaction, the bona fide assignee identified as something right person, aimed at increasing trade stability, to establish an efficient rate of transaction order. The traditional system of bona fide acquisition of applicable object is movable property does not include real estate. However, the traditional narrow applicable scope of bona fide acquisition system, resulting in the trade of real estate transactions often face instability, low efficiency, unsafe situation. In order to solve this problem, bona fide acquisition system emerge as the times require.Bona fide acquisition system was established in the real estate registration system on the real right, is an important manifestation of the principle of public credibility. Because the movable and immovable property of both the characteristics of each are not identical, and in the application of the system of bona fide acquisition, it is difficult to apply mechanically apply the traditional real estate bona fide possession system, bona fide acquisition system undoubtedly needed in traditional bona fide innovation theory, in order to adapt to the real estate and between real estate two things in the application of the system of bona fide acquisition of coordination.Real estate can not be mobile, is the distinction between real estate and movable estate significant characteristics. In the application of the system of bona fide acquisition, should be based on the real estate itself particularity will demonstrative principle is applied to the system, to realize the maintenance transaction completely, achieve the most efficient use of target. At the same time, not of movables particularity itself also caused the bona fide acquisition of real estate and chattel bona fide acquisition system in the constituent elements of the difference, further study of the constitution theory on the constitution, and reference the advanced outside the legislative experience, can be perfect for our real estate bona fide acquisition system, effective treatment in the judicial practice often someone else’s disposition, a common property and the registration mistake relief problem.