On Acquisition Of Real Property In Good Faith

Acquisition in good faith is an important system of property ownership in the civil law since the modern times, which involves the security for property ownership in static state and the safe protection of property transaction in dynamic state. It's a system in which protects the safety of property dynamically at the cost of the safety of property statically. With the development of market economy, acquisition in good faith will certainly play an increasingly important role in our social and economic life. On the one hand, legislation in various countries do not dissent on acquisition in good faith utilized in the transaction of chattel property; on the other hand, civil rights in various countries have different rules on whether it is used in real estate transaction. In terms of theoretic research, it also varies among experts and scholars. The law of real estate will surely be an important content in the will-be-established law of ownership because of its great significance in national economy and the people's livelihood. And it is not the problem of the usage of a legal term but of a legislation system on whether to apply good-intention acquisition or not in the real estate transaction. Therefore, it is extremely essential to have a research on its basic theory from the point of view of legislation in property ownership.This article focuses on its theory and status in contemporary times, which makes it necessary to establish the system in practice. Moreover, the necessity of acquisition with good intentions can be realized in terms of the maintenance of validity in the real estate registration, the guarantee of its safe and convenient transaction, the stability of the social order and the perfection of the acquisition with good intention. On the other hand, the comparison and contrast between the positive and negative attitude to this idea are also included in this essay, that there are more bases for it in real estate than in movable estate in the modern society. Besides, many developed countries' Legislations, such as French's and Japan's, are referred to, which relate them to the registration form of examine formalism. However, we take the virtual examine form, which is a system foundation in our country.As a kind of legislation practice, this system should conform to the following points:...