The Constituent Elements Of The System Of Bona Fide Acquisition Of Real Estate In China

In Chinese traditional civil law,there can be no doubt that the good faith acquisition of movable property.As for whether the goodwill obtaining system can be applied to real estate is still controversial.In 2007,"Property Law" official purposes,its provisions in a side by side provides bona fide acquisition of movable and immovable.As an important system for safeguarding property rights,the system of bona fide acquisition of real estate can protect the legal rights and interests of the third party acting in good faith and can defend the trading safety.In order to guarantee the safety of the real property trade by using this system as well as balance the relationship of various interest,the constituent elements of the system of bona fide acquisition of real estate should be study correctly.The whole body encloses four chapters:Chapter one is “the disposition without authority” of the system of bona fide acquisition of real estate.At first the chapter clarifies concept of the disposition without authority,analyzes two different theories and then put forward personal opinion: “the disposition without authority” of the system of bona fide acquisition of real estate should use the rights incorrectness of real estate register as premise condition.Next analyzes the problems of the identification of the disposition without authority: false dispose of real estate: false dispose of real estate do not belong to the disposition without authority,should not apply to this system;and the contract effect of the disposition without authority: the contract should be judged by various factors and in general it need not to judge.The second chapter is the goodwill of the assignee of the system of bona fide acquisition of real estate,then discusses mainly about the criterion,the point of goodwill and the burden of proof,we can conclude: when determine the transferee whether in good faith,we should use the right facies of real estate registration as a decision fundament;the judgment time of the bona fide acquisition towards real estate is use the theory--“the Register”;as for who should bear the burden of proof,the paper suggests the original obliges should burden of proof that the buyer is a mala fide person.The third chapter describes the reasonable price of the system of bona fide acquisition of real estate.Firstly study three judging standards of the reasonable price: paid,reasonable range and actually paid.Then discusses the relationship between the reasonable price and the goodwill.The paper conclude that the “reasonable price” cannot rely only on the market prices;and the paper suggests using the reasonable price as a related factor is a better choice for the system of bona fide acquisition of real estate.Chapter four is about the registration of real estate.At first the chapter discusses the real estate of registration confrontation doctrine: the real estate which applying registration confrontation doctrine should use “delivery” as the element,and then puts forward suggestions to resolve the current defects.