Study On China’s Good Faith Acquisition Of Real Estate

Bona fide acquisition is an important way for special ownership obtaining according to the stipulation of Property Right in the Civil Law, and it is also an important system that has great significance in maintaining economic order and protecting the safety of trading. About the bona fide acquisition system, what comes to people’s mind first is the bona fide acquisition for the movable property, which has been recognized throughout the world, and the corresponding system has been established through the way of legislation. However, there are controversies about if the bona fide acquisition system is applicable for the movable property. With the establishment of the civil society and the continuous development of capitalist market economy, the immovable property transaction is booming. But there have been problems frequently in immovable property transactions, due to the deficiencies in the registration system and credibility system of the immovable property, making the interests of the real obligee and the third person in bona fide acquisition acquisitions unable to be well protected. Therefore, how to protect the safety of immovable property transactions becomes a top priority.Based on research of the evolution and the present situation of the bona fide acquisition system throughout the world, the components and the legal effect of the bona fide acquisition system are discussed, the deficiencies in the system of our country are studied, suggestions for solving the problems and improving the deficiencies are put forward, so as to realize better use of the bona fide acquisition system for the immovable property in the judicial practice. Therefore, this paper is divided into three main parts:The first part mainly introduces the evolution and origin of bona fide acquisition system, to understand about the system; introduces and conducts contrastive analysis on the two kinds of views that existed before the "property law" promulgated in China about if the bona fide acquisition system is applicable for the immovable property, to state the significance of acknowledging the bona fide acquisition system for the immovable property; introduces the two kinds of legislative views in the international scope about if the bona fide acquisition system is applicable for the immovable property:the former one acknowledges the bona fide acquisition system for the immovable property, and the other only acknowledges the bona fide acquisition system for the movable property, and the safety of the immovable property transactions should be protected through other ways.The second part is the main content of this paper, and introduces the constitutive requirements and legal consequence of bona fide acquisition system for the immovable property in details. In this part, the author thinks that the constitutive requirements of the bona fide acquisition system for the immovable property include immovable property, bona fide, reasonable price and registration, which are analyzed in details. Suggestions are put forward on some of the disputed views such as the time-point of bona fide, reasonable price judgment, etc. Finally, legal effect of application of the bona fide acquisition system for the immovable property is introduced and the relationship of right between the parties is illustrated.In the third part, based on study of the deficiencies in the bona fide acquisition system for the immovable property in China, suggestions are proposed for improving the system, to realize better use of the system in the judicial practice.