| The Acquisition in Good Faith has been a very important legal system in modern civil law property rights system,which refers to protection for static security of civil law property right and moving security of property transaction by sacrificing static security of property to protect moving security of property. It is of great significance for the protection of the security of transactions, maintain the stability of the social and economic order.The civil law in good faith to obtain long-term theory and practice to explore theory in China, has exceeded the limit of the field of movable property transactions, extends to the field of real estate transactions."Property Rights Law of the People’s Republic of China" was October1,2007came into force on the laws of this concern, the same applies the clear provisions of section106of real estate acquired in good faith.This paper examines the concept of bona fide acquisition, origin, nature, combing the domestic academic circles on the affirmative, negative real property acquired in good faith doctrine. Demonstration of real estate acquired in good faith by the legal basis and reality of the necessary analysis of real estate acquired in good faith system, the rationality and feasibility of the system applicable in our country. Basic system structure of real estate acquired in good faith, such as elements, as well as legal consequences to conduct a detailed study, analysis of defects and deficiencies exist in China’s real estate acquired in good faith system, and the improvement of the system for China’s real estate acquired in good faith to explore the proposed recommendations in order to contribute to a correct understanding of this legal system, understand and use.The first chapter explains the basic theory of acquired in good faith.First elaborated the concept of bona fide acquisition, analysis of the system originated in the Germanic law "in order to hand the hand" principle, followed by analysis of several different theories to demonstrate the nature of the acquired in good faith to the original acquisition.The second chapter analyzes the rationality and feasibility of establishing a system of real estate acquired in good faith. Combing domestic denial and certainly the theory of real property acquired in good faith, agree to say for sure be; Second, the theoretical basis of analysis acquired in good faith doctrine, further discussion of the real property acquired in good faith legal basis for property rights of the principle of Public Credit, and real estate in good faith made applicable to the property right of the legislative choice between research, the last of the real property acquired in good faith to apply a realistic necessity.The third chapter constitutes the system of real property acquired in good faith. First detailed discussion of real estate acquired in good faith, four elements, namely, the existence of real estate registration errors, the compensation for acquiring property rights based on the trading behavior, obtaining property by the assignee in good faith, the assignee has completed the change of registration; followed by analysis of real estate acquired in good faith in changes in the effectiveness of changes in property rights between the parties and claims effect.The fourth chapter discusses China’s real estate acquired in good faith to perfect the related system. First, analysis of China’s real estate acquired in good faith the system’s lack of real estate registration laws and regulations and registration procedures are not uniform, authorities are not unified real estate registration, registration of real estate review is not clear, the real estate registration information into the open far enough, the liability of real estate registration authority systems; Secondly, the Perfection of China’s real estate acquired in good faith to further investigate the proposed six recommendations, that is, unified real estate registration laws and regulations and registration procedures, unified registration authority and ownership certificates and a clear review of the real estate registration, improve the registration of real estate the type of registration information disclosure system, and improve the real estate registration error compensation system. |
