Study On The System Of Bona Fide Acquisition Of Mortgage

In 2007, property law of the people’s Republic of China was promulgated, the article 106 of it regulates not only that bona fide acquisition system applies to both movable property and real estate, it also expand its own scope from ownership to other property rights. This embodies a major progress of Chinese legislation. However, the legislator’s “great pioneering work” is worth negotiating that put the regulation of real estate and movable property, ownership and other property rights in bona fide acquisition system into the same legal provision for the sake of brevity of legal provisions. The legislator just made a rough rule for the elements of the bona fide acquisition system and they ruled that the other rights references to the regulation of he elements of ownership in he bona fide acquisition system, which not only raises the bifurcation of theory circles in this issue, and brought a lot of confusion to the judicial practice. Therefore, the author uses the document analysis, case analysis and begins with the article 106 of property law as a starting point to research the specially application of the bona fide acquisition system of mortgage right,In order to put forward relevant suggestions on the specific application of the bona fide acquisition of mortgage in our country.This paper consists of three parts. Firstly, it discusses the basic theory of the bona fide acquisition system of mortgage right, which lays a theoretical foundation of the bona fide acquisition system of mortgage right. Secondly, it analyses problems of the bona fide acquisition system of mortgage right in our country and discusses mainly from the following four aspects: the recognized standards of good will, the rationality of the element of reasonable payment of price, the effectiveness of creditor’s rights behavior and the registration system of real estate. Finally, the author According to the analysis of the second part of this paper puts forward our country mortgage system of bona fide acquisition proposals.