Study On Good Faith Acquisition About Real Estate

In the traditional civil law theory, the good faith acquisition is only a system about movable estates. Since the real estates are protected by the power of trust of the enrollment, there is no necessary to build the good faith acquisition about real estate. But in this dissertation, after analyzing and comparing the difference of those ideas, the author thinks we need to break through the limit of the traditional theory and configure a whole new system of good faith acquisition about immovable property.The dissertation has more than 40 thousand words and has been divided into three parts, except the Introduction and Conclusion.The part I is about the dissection on good faith acquisition about real estate. At first, this article analyses the concept of real estate. In the Civil Laws of different countries, what means real estates is different And the traditional doctrines about how to divide the movable property and immovable property also meet strong challenges nowadays. If we inspect the history of the concept of real estate, we can find why our ancestors divided things into the movable property and immovable property. Not only real estate is immovable, but the most important nature of real estate is that this kind of things means a lot for the society. Today we should limit the real estate into the land and buildings on the land. On the other hand, the good faith acquisition in fact is not a traditional institution. It based on the situation of the requirement of modern times. With the development of the Capitalism, to protect the safe of exchange asked for an institution. It is the good faith acquisition. The good faith acquisition was also built on the power of public summons. The principle of public summons mainly want to protect the safe of exchange. So the good faith acquisition has only one duty protecting the safe of exchange.The part n is about the argument on whether we should admit the good faith acquisition about real estate. This dissertation announces that the argument comes out because scholars used different methods. The author declares the idea admitting good faith acquisition on real estate is more rational. Admitting good faith acquisition on real estate not only meet with the requirement of protectingthe safe of exchange, it also meet with requirement of logic. Since we admit the good faith acquisition based on the power of public summons, the enrollment also has power of public summons, we have no reason to refuse admitting good faith acquisition on real estate. Maybe at the early time of this institution it was no need to talk about good faith acquisition on real estate, because at that time the exchange about real estate was not as frequently as nowadays. Now we really should to admit it since the situation of the society is changed.The part â…¢ is about how to re- configure the good faith acquisition about real estate. Because the system is different from the good faith acquisition about movable property in the object, the good faith acquisition about real estate has many features of its own. But the re- configuration is not only build this system itself, it has relations with enrollment. To configure a better system of enrollment can be seemed as build the good faith acquisition about real estate from the outside. After analyzing the three kinds of methods of enrolling, the author suggests we should choose one kind of the three to cooperate with the coming good faith acquisition about real estate.Through dissection-analyzing-configuration, then a whole new good faith acquisition about real estate different with traditional one is build up.