Study On China's Good Faith Acquisition Of Real Estate

Good faith acquisition system is a very ancient civil law, in the modern art of civil law, the protection environment, maintaining economic trade the order of action to make its glow the new energy. Personal property in good system has been for most of the state civil legislation admitted that, but whether real estate shall be incorporated into the good will of the system to category, no matter in the field or in practice are controversial. Our country "matter right law" promulgated and implementation for practice, the debate off the period, but in theory of debate and instead of more intense study.In this paper, the good faith acquisition of immovables system history evolution, concept definition, theoretical foundation and the Angle of comparison aspects of, in combination with consideration of the present situation of the property law and the provisions of the comprehensive analysis, the rationality of this system, and targeted put forward how to in our country to improve the good faith acquisition of immovables legislation to better solve the problems in the practice, to perfect the system.Based on such thinking, this paper will be divided into four large part:The first part is about good faith acquisition of immovables some of the basic theory of the system of interpretation. By contrast, the concept of the analysis of the origin, and academic debate analysis to explain the system theory basis and practical significance.The second part is the comparison research, through two legal system for several countries the comparative study of the legislation, enhance its must exist and the rationality of the perfect, proof of this system in the necessity and feasibility of development in our country.The third part pays attention to introduce the system in the current system and how to apply the components of the problems. The author analyzed one of the good faith acquisition of immovables four elements, and spends ink to clarify the rights and obligations of the parties to the relationship, in order to make clear the judicial practice in China make use of some effort.The fourth part will be integrated the above analysis, the author put forward my opinion, for such a system in the development of our country puts forward Suggestions in order to enhance the property law, the provisions on the practical, and make up for the deficiency of the legislation itself with the defect.