The "Bona Fide" Cognizance In The Acquisition Of Real Estate In Good Faith And Its Overcoming

At present,the real estate in judicial practice there is a third person in good cases do not match the duty of care,the assignee trust foundation error,"good faith" the burden of proof arbitrary distribution,etc.,even break through the analysis of the legislative provisions,such as expanded without registration of real estate,eliminate the basis of "bona fide" trust in good faith are the application of the modification registration requirements,etc.The property law of the People's Republic of China on the "good faith" the rules of the legislation is missing,and the supreme people's court on the applicable < the property law of the People's Republic of China >(1)the explanation of some issues,the lack of unified the referee function,for the above rules of judicial predicament level,and our country current socialist registration requirement for general principles of real estate real right change mode and social reality does not match,is its deep root system.Counterpart,to make up the lack of regulation,only need to explain the theory of position clear referee under standard,and to fundamentally overcome "goodwill" recognition of the dilemma,it must be to our country current real estate real right change mode to undertake deep-seated institutional change.Over to the registration requirement for the principle,to the registration counter for exceptional dual mode,building the mode of real estate real right change registration against the yuan should be the choice of is civil code of the real right legislation.The first part of the paper enumerates the difficulties of "good faith" in the case of good faith in real estate.The second part analyzes the reasons of the formation of the dilemma from the rule level and the institutional level.The third part takes the explanation theory method,clear and unify "the good faith" the judgment standard of the cognizance;In the fourth part,the author analyzes the fundamental way to overcome the current judicial dilemma by analyzing and proposing the establishment of the change registration of real property rights.