The Ownership Of Immovable Property Acquired In Good Faith Case Analysis

Acquisition in good faith is an important civil legal system, is derived from the Germanic law principle of "hand in hand", and into Rome law the acquisitive prescription system in the good elements, deductive evolved. The system of bona fide acquisition is based on national legislation to protect the safety of transactions, on the rights of indigenous people and the assignee between the right of an obligatory right configuration, although limited and obstruct the ownership after and force, to a certain extent sacrificed all the interests of the people, but it is in the protection of the rights of public credibility of appearance, promoting transaction security and stability has played an irreplaceable important role. Based on this, in the modern civil law, the system of the continental law system countries and regions in the legislation on the general confirmation. In the traditional theory of goodwill, goodwill is limited to real estate acquisition, and registered as a public method of the immovable property is not obtained, the application of the system. China is currently in the social and economic transition period, did not establish a set of unified developed real estate registration system, in the sale of housing, housing two sell one or even a few sell a phenomenon to exist generally, resulting in a large number of legitimate rights and interests of real people not timely and effective security. China s" property law" was formally establishing the system of bona fide acquisition and initiate sexual ground to object driven property extends to the ownership of immovable property and other property rights. It can maximize the protection of the interests of third parties, and the socialist market economy with Chinese characteristics the safe and orderly development escorts the emperor convoy.Real estate acquisition occurs mainly in the following two situations:one is the total housing part of the co-owners of unauthorized sale total of housing, the assignee for kindness, can obtain ownership. Two registration is flawed, immovable property registration records right content does not tally with the facts. In this paper, the judicial practice not commonly found in the movable part co-owner unauthorized transfer of the immovable property to the bona fide third party such a case as samples and examples, from the first case and the focus of controversy proceed with, the case in dispute are analyzed, then the ownership of immovable property acquired in good faith of this important civil system history and legal nature, the ownership of the immovable property acquired in good faith in our country, whether the ownership of immovable property acquired in good faith system applicable scope, the principle of public trust and the ownership of immovable property acquired in good faith system relationship in theoretical analysis, at the same time the ownership of immovable property acquired in good faith in the White main body and the price determination of the transaction price, payment, free or unreasonable compensation behavior can constitute the ownership of immovable property acquired in good faith, the ownership of immovable property registering case of bona fide acquisition, transfer of the effectiveness of the contract and the ownership of immovable property acquired in good faith as well as the relationship of the immovable property register and the ownership certificate of the relationship between the common practice in puzzle judicial thorny issues, finally puts forward how to static and dynamic security between sacrifice and friction to The minimum system design and legislative proposals. Among them, litigation housing can apply to the system of bona fide acquisition, ownership of the immovable property acquired in good faith system constitute the core elements of what is " good", and its proof, the ownership of immovable property acquired in good faith system legal effect as this thesis.