The Research On Acquisition Of Real Property In Good Faith In China

Bona fide acquisition system is designed to maintain market order, protect the legitimate rights and interests of a third person, to be a special legal regime for the protection of bona fide third party to obtain ownership. Bona Fide Acquisition originated from movable property, the right to protect the security of transactions, and improve transaction efficiency has played a positive role. But whether the system is applicable to bona fide acquisition of real estate, national legislation is not consistent, in theory, there are different points of view. Of October 1, 2007 implementation of the "Property Law" on real estate acquired in good faith conduct provisions in principle, provides for the adjustment of the real estate market, regulate real estate transactions, protect the legitimate interests of the rights of people to play an active role. But because of the real estate market is in the initial stages of development, many problems left over by history, the market is still not standardized management, real estate species complex, the main variety, and so is the legal relationship between the participants in the real estate transaction process to bring a lot of trouble. This article is based on real estate acquired in good faith system, legislation around the system and the concrete practice of the bona fide acquisition system systematically combing various theoretical perspectives, analysis bona fide acquisition system in the real estate field of application of practical problems, and real estate acquired in good faith system That is an important basis for the credibility of real estate registration and registration as a starting point, our analysis demonstrates the establishment of real estate acquired in good faith and rationality of the system to further improve the relevant legal provisions beneficial thinkingThe thesis consists of four parts.The first part mainly discusses the acquisition of real estate in good faith system theory. First, elaborated the bona fide acquisition and analysis system of the historical evolution of the negative theory and positive theory. On the bona fide acquisition offormation and the development process of the system is summed up, with many inside and outside the bona fide acquisition theory of positive and negative of the scholars said, analysis of the reasons to explain the view. Secondly, the analysis of the bona fide acquisition of real estate and real estate registration credibility of the relationship between. To elucidate the development history and the legal effect of real estate registration and analyzes its application in china. Finally discusses the bona fide acquisition theory application in China and its legal effect. Analysis of real estate in the historical evolution and the regulations of our country, and the real estate bona fide possession system is the legal effect of the ownership are described, including the transferee, how true all remedies and compensation case registration error when.The second part mainly expounds the goodwill of France, Germany, Japan, Switzerland and other countries made in Anglo American law system establishment and the development of his ideas, and advanced analysis are discussed, providing reference for the perfection of the system of bona fide acquisition development.The third part mainly expounds the system of bona fide acquisition elements, 1 unauthorized disposition; 2 the transferee in good faith; 3 reasonable price; 4 registration shall have. And these elements analysis and examples. At the same time, listed real estate bona fide acquisition system in special circumstances and judgment on the analysis of common property, illegal construction and the small property right room demonstration, put forward the feasible suggestions on these special and perfect development.The fourth part is to our country real estate bona fide acquisition system deficiencies in the development were summarized in this paper including: the contract validity; bona fide third standard is unknown; in registration problems, and puts forward the feasible suggestion the analysis of these issues. Mainly explain the development of real estate registration system of perfect made the significance of the development of good faith, and to our country real estate registration system to improve measures.Bona fide acquisition system to protect the legitimate rights and interests of bona fide third people, promote transaction smoothly. In the economic development is more and more complex, more and more diverse forms of transaction situation, bona fide acquisition system development has the vital significance to the operation of the market economy, especially with the "property law" and "Real Estate Registration Ordinance" promulgated and implemented, ensure the bona fide acquisition system has stronger legal effect. But should also clearly recognize that the bona fide acquisition of real estate in the real application of the defects and deficiencies: real estate registration in a lot of problems involving specialcircumstances; common property, illegal construction and the small property right room defects; the system of bona fide acquisition of the original human rights compensation mechanism is not clear. These conditions also restricts the real benign development of estate bona fide acquisition system. Must face up to these problems and continue to correct, to ensure the system of bona fide acquisition is ceaseless and perfect, to promote the healthy development of the real estate market.