The Study On The System Of Good Faith Acquisition Of Real Estate

Good faith acquisition system,as an important system of real right in civil law, is of great importance for maintaining trade safety, promoting the secure and convenient transaction,protecting the lawful rights and interests of the third party acting in good faith. The good faith acquisition of real estate system is established in the Real Right Law of the People’s Republic of China, With the consensus legislation portion of the good faith acquisition of chattel.The establishment of the system provides a legal basis to solve the problems in real estate dispose problems of judicial practice, but cases are not identical in practice, Controversy also exits in theory horizon to the application issues of such system. All above should be thoroughly discussed.The paper deeply analyzes the system from the history origin related concepts; establish foundation and comments on the relative regulations on the Bone Fide Acquisition of Real Estate in property law. On the purpose to put forward perfect suggestions to practical issues.There are six sections in this paper.The first section is Basic theory of real estate acquired in good faith system, the concepts of registration on real estate, introducing its origin, the differences with movable property good faith acquisition system, the latter parts is based on this part.The second section, it compares legislation on the Bone Fide Acquisition of Real Estate so as to discuss the relationship between the Bone Fide Acquisition of Real Estate and registration system, It also introduces the legislation on the system of the Bone Fide Acquisition of Real Estate and registration system in china.The third section, Expounding the differences of positive theory and negative theory, analyzing theoretical basis, realistic foundation and values of establishing real estate good faith acquisition system。The forth section discusses the key components of real estate good faith acquisition system. With the rule of property law, I think the key components of real estate good faith acquisition system should include assigner who has no disposition right, assignee who accepts with good faith and reasonable price, property right change registration that have been done.The fifth section, the legal effect of Bona Fide acquisition of real property, It analyzes the property change potency between no disposition right people and the third party acting in good faith, together with the obligatory right change potency among original oblige, no disposition right people and the third party acting in good faith, the shortcomings of Bona Fide acquisition of real estate and the improvement system, for example, it does not distinguish real estate and chattel in legislation. It is hard to apply the standard of good faith. And it lacks relative systems. This paper has its say.