Real Estate Does Not Apply To Bona Fide Acquisition: The Oretical Reflection And System Choice

The system of bona fide acquisition, which is an important system ofproperty law, plays an important role in the movements of the movableproperty. According to the traditional civil law theory, the bona fideacquisition is one of the movable property made, therefore, the civillegislation of each country allows that this system only apply to the field ofmovable property changes,as a general trading rules. However, ChinaProperty Law constructs the bona fide acquisition integration, whichapplies this system uniformly to the fields of movable and immovableproperty rights. Is the construct an institutional innovation, or aninstitutional variation? This also relates to this question---bona fideacquisition in the end is an open system framework or an independentregulatory system? In this article, we believe that we should analyze thesystem in the context of the whole history, in order to find the theory andvalue basis behind the bona fide system. Meanwhile, the construction oftransaction security protection mechanism in the field of the movable andimmovable property rights changes should be based on differentarchitectures thinking of movable and to be explored in the framework ofthe normative model taken by the property rights changes.This article contains four parts, the first part analyzes the bona fideacquisition of the historical origins and theoretical value basis.From thispart, we concludes that the bona fide acquisition originated "to protect handby hand "principle in the Germanic law, which is undivided from theunique possession of the concept and design of the system in the Germaniclaw. And from this part, we also obtain that the system of bona fideacquisition is based on credibility as the theoretical basis for the purpose toprotect the transaction security. From the perspective of comparative law, the second part analyzes the bona fide acquisition in the provisions of civillaw countries such as Germany, France, Japan and the common lawcountries. The third part is the reflection and denial of the bona fideacquisition integration construct, in which from the right to representationof the movable and immovable property rights and the effectiveness ofstarting, we obtain The characterization of the real property "absolutelycredible" does not need to be built in "limited credibility" on the basis ofbona fide acquisition to be supplemented by acquired in good faith aprerequisite for the system does not exist in the field of real propertychanges applicable in the mode of thinking of movable and immovableproperty rights-based. Meanwhile, the system of bona fide acquisitionapplied in the field of real property changes is not conducive to thecoordination and consistence of the civil law system and is not conduciveto protect the interests of bona fide third fully and effectively. The fourthpart refers to the choice of transaction security protection system in thefield of real property changes. In this section, we first analyzes the naturalselection should be property rights in the form mode under the institutionalframework of the dichotomy of property rights and claims of property right.Then we draw the transaction security protection system should be theregistration of the credibility of the system and the behavior of real right ofthe principle of non-cause within the property rights formalismspecification mode. Only in this way, can we fully protect the security ofthe transaction and have a logical system effect. In the end, this articleanalyzes the protection measures to the real rights holders registrationunder the credibility of the system...