A Study On The System Of Bona Fide Acquisition Of Real Estate In China

Bona Fide acquisition system is a basic system of civil law, it involves deep-seated theoretical problem is the trade-off between ownership security and transaction security. In the early civil legislation, the bona fide acquisition system only protects the movable property, but does not involve the immovable property. But with the increase of the immovable property transaction and the immovable property registration error and omissions, if the trustee does not protect the register. Is not conducive to the stability of the social and economic order. In view of this, China’s "Property Law" will be a system of goodwill access to movable and immovable property.The traditional civil law theory is not fully prepared because of the conflicts of interest and the conflict between the static security and the dynamic security of the balance, which leads to many practical problems which can not be realized in the real life, solve. Based on this, this article will try to explore the concrete application of the system in the practice through the value pursuit and the multifactorial value measurement behind the system of bona fide acquisition of immovable property in the light of the Judicial Interpretation of Property Law (I) Under the interests of the distribution of disputes when the choice of solution.This paper is divided into five parts, the main contents are as follows:The first part mainly elaborates the system of bona fide acquisition from the theoretical level. Content, such as its concept, purpose, legal consequences, value and function of the content;In the second part, the author discusses the process of introducing immovable property into the system of bona fide acquisition by comparative analysis of foreign legislation on bona fide acquisition of immovable property, which mainly focuses on the developed countries’ advanced practices in this field, and summarizes and concludes the establishment of the system And the legal consequences of the application of the system;The third part mainly analyzes the process of establishment of goodwill acquisition system of real estate in our country around the promulgation of "Property Law", and discusses the constitutive elements of the system of real estate bona fide acquisition in China, which proves that whether Theoretical level or in practice, China is in urgent need of established real estate acquisition system in good faith;The fourth part analyzes the main problems in legislation and practice of the system of bona fide acquisition of real estate in China based on Article 106 of the Property Law of the People’s Republic of China and Judicial Interpretation of Property Law (Ⅰ).In the fifth part, based on the analysis of the advanced legislation of bona fide acquisition system of foreign real estate, the author makes a brief discussion on the system of bona fide acquisition of real estate from the legislative level and system design, and puts forward specific legislative suggestions and measures to perfect the system.