Study On China’s Good Faith Acquisition Of Real Estate

The system of bona fide acquisition is an important legal system in thetraditional real law, but also the present non juristic acts of real right alteration is oneof the important types of. In the maintenance of transaction security and theprotection of bona fide acquisition of Germany’s third legitimate rights and interestsof property of these two aspects, has the important reality and the theory significance.The system of bona fide acquisition in dynamic application has already been widelyrecognized, however the bona fide acquisition can be applied to the area of realproperty, the views of States is not unified. China’s "property law"106th article hasdefined the real property acquired in good faith system, this system provides thelegal basis for the determination of as in the judicial practice of our countryimmovable no right to dispose of the problem, but because of this rule isprinciple, but in practice, the case with the myriads of changes, so there are still a lotof controversy.The four part of China’s real property acquired in good faith system isanalyzed. The first part is about the analysis of the real estate in reality not case ofbona fide acquisition; the second part is on China’s real property acquired in goodfaith system overview analysis; third part is the foreign real property acquired ingood faith legislation system are introduced; the fourth part is on China’s realproperty acquired in good faith system problems some suggestions, including realestate bona fide acquisition registration system and the third person in goodfaith with the definition and relief three aspects of the original rights protection theinterests of the legal.The conclusion is: China should develop more detailed property of bona fideacquisition rules management measures, in order to facilitate the acquisition of realproperty in good faith better applied to real life, to facilitate the development of civiland commercial law more perfect.