The Research Of Law Applicance Of Bona Fide Acquisition Of Real Property In Our Country

Bona fide acquisition is an important system of civil law, originated in theGermanic law "to hand guard" principle and import the Roman "prescription toobtain" system requirements in good faith, the interpretation of theevolution.Innocent legislative purpose is to protect security of transactions, on thematter of the original rights holders and the interests of bona fide assignee made acompulsory adjustment and balance.In the traditional civil law theory, applies only tobona fide acquisition movable property, and in order to be registered as publicelements of immovable property are often applied "Registration credibility"principle.Of2007promulgated the "Property Law"(hereinafter referred to as"Property Law") formally established in the legislation system in real propertyacquired in good faith to obtain the suitable, so you can maximize the protection ofthe legitimate interests of bona fide assignee, the socialist market economy withChinese characteristics the security, stability, and orderly development escort.Real estate acquired in good faith registration system is based on the premise andfoundation of credibility, protecting reliance registration and registration of rights ofbona fide third of transactions, reflecting the transaction security priority to theprotection of values.Our civil law scholars to real estate acquired in good faith application of the law system there is still a big controversy, in judicial practice havea completely different understanding and judgment.In view of this, the paper"Property Law" Section106is based, drawing on foreign legislation on real bonafide acquisition constituent elements, applicable law and the legal effect of otheraspects of positive and beneficial exploration and research, in order for the judicialpractice the applicable benefit, as well as improving the system of real propertyacquired in good faith and supporting legislation and enforcement system for ourreal bona fide acquisition of mature and improve, little humble.This paper is divided into four parts for analysis and elaboration. The first chapter isa real bona fide acquisition value of legislation. The author of the comparativeforeign legislation, in theory, from the analysis of the pros and cons of introducing asystem of real property acquired in good faith the importance and necessity,combined with China’s socialist market economy with Chinese characteristics, thedevelopment of the present situation of bona fide acquisition of real propertyinstitution building practical significance. Second chapter discusses the real bonafide acquisition of the constituent elements, especially for "Property Law" Article106of the three elements of the basis of a detailed analysis, and in criminal cases,analyzes the problems in judicial practice and inadequate. The third chapter is theanalysis of the real property acquired in good faith the legal effect of the system, thesystem of real property acquired in good faith between the parties involved in thelegal relationship between the transferor and the transferee contractual relations, realestate acquired in good faith in the credibility of the system and real estatecomparison between the effects of other aspects of the legal analysis. Chapter aimsto explore and improve the real bona fide acquisition proposal, the focus on realestate registration system improve and perfect, including the registration authority,registration procedures and other aspects of the compensation mechanism.