A Study On China's Good Faith Acquisition Of Immovables

Good faith acquisition of movables, originating from the principle of Hand muss Hand Wahren in ancient Teutonic Law, is of such significance that it makes a great contribution to securing the transaction of movables, promoting the smooth flow of commodities as well as maintaining a stable economic order. Due to its above-mentioned merits, it has been widely recognized as an important legislation in many countries. At the same time, with the rapid development of market-oriented economy, the transactions of immovables are more and more prosperous. Because it's characterized as large objects and complex legal relations, immovables transaction tends to affect the stability of economic environment. Therefore, security concerned with immovables transaction has aroused more and more attention in our society. As far as China is concerned, For the time being, good faith acquisition of movables is only recognized in judicial practice but not a legislation in our legal system. As for immovables, good faith acquisition is even not admitted in judicial practice. Such contradiction as exists between social needs for a safe immovables transaction and a less-developed safe-guarding legal system hinders not only the development of social economy but also the progress of socialist legal construction. In this regard, The author holds that good faith acquisition of immovables should be established in Chinese legal system as soon as possible.Can good faith acquisition be applied to immovables transaction Different countries have different answers to the said question. Needless to say, Chinese scholars also hold various opinions, so first of all, this paper is to analyze such two kinds of evidences supporting the argument that good faith acquisition will be applied to immovables transaction as, 1) evidences concerned with legislation as well as legal practice in Common Law countries and Civil Law countries; 2) evidences concerned with doctrines and theories put forward by Chinese legal scholars. Secondly, this paper is to make a close study on the value and necessity of the existence of good faith acquisition of immovables. The conclusion is that only by establishing good faith acquisition of immovables can we...