On Acquisition Of Real Property In Good Faith

Acquisition in good faith is an important system of real law. It aims at protecting safety of exchange, and giving attention to rights and interests of owners and the third party in good faith in reason. About whether acquisition in good faith can be applied in real property, opinions differ from each other in academia. From a typical and disputed case about acquisition of real property in good faith, this thesis expounds the headspring of acquisition in good faith. It compares different countries' different regulations and applications about acquisition in good faith. Author' view is the system of acquisition in good faith is in favor of fully exerting economic use of property, and in favor of normal order of market exchange. This thesis includes four parts. The first part researches the headspring of the system of acquisition in good faith. The second part researches the system of acquisition of real property in good faith. The third part researches the relative theory and system of acquisition of real property in good faith. The fourth part researches the conditions of coming into existence, the bound of applying and the legal consequence of acquisition of real property in good faith. From a typical and disputed case about acquisition of real property in good faith, the first part analyzes that the system of acquisition in good faith which includes static protection of property ownership and dynamic protection of exchange of property is one of important system in modern civil law. Using method of compare, it analyzes the flux of France's system of acquisition in good faith, and Germany, Switzerland, Japanese, Britain and America's regulations aboutsystem of acquisition in good faith. The second part discusses the system of acquisition of real property in good faith. Form the positive and negative aspects, it explains this system's rationality of existing and it's limitations. On the basis of theory of the system of acquisition of real property in good faith, it expounds that the value of this system containing, the safety of exchange, deserves more protection than private ownership. The third part discusses the relative theory and system of acquisition of real property in good faith. It compares the absolutization and relativity of theory of juristic act of real right, and expounds two kinds of juristic act of real right, and compares Germany, Switzerland, Japanese, America and China's register of real property to demonstrate the principle of public vision and public credit of real property's real right alternation. The fourth part discusses the conditions of coming into existence, the bound of applying and the legal consequence of acquisition of real property in good faith. From three aspects which are error of register, acquisition of real right basing on exchange, the third party in good faith and having no materially defect, it discusses the conditions of coming into existence. And it demonstrates the bound of applying acquisition of real property in good faith from four aspects. And it discusses the legal consequence of acquisition of real property in good faith. And at last it responses the former case.