On Acquisition Of Real Property In Good Faith

The Acquisition in Good Faith of Real Property ,just as the name implies, means the application of Acquisition in Good Faith in the area of real property. According to the Acquisition in Good Faith of Real Property, the buyer shall obtain the ownership of a real property and the original owner of the real property shall not demand that the buyer return the real property to him although the buyer has bought the property from someone who actually has no right to sell it but has got and held the certificate of title to house property. If the Acquisition in Good Faith shall be established and applied in the area of real property, it may protect a buyer acting in good faith better and help to find a proper balance when conflicts arising between the ownership and transaction safety.The Acquisition in Good Faith is a rule of transaction that has come into being to meet the need of the development of commodity economy. It involves the protection of ownership in civil law and the evaluation of transaction safety and has been a very important legal system both in the Romano-Germanic law system and the Anglo-American law system. There is no controversy about the application of the Acquisition in Good Faith in the area of movable property, but different countries have different legislations about whether the principle can be applied in the area of real property, and the academia has different view about this issue.The these is composed of four parts, the thesis aims to make a thorough study into the history, comparison of legislations and the basis of practice of the Acquisition in Good Faith, find out the theoretical foundation of the system of Acquisition in Good Faith of Real Property, and probe into the feasibility of the system. And the thesis also aims to find out how the system of Acquisition in Good Faith of Real Property shall be set up and be applied in judicial practice by making a study about the constitutive requirement and legal effect of it.Part One: There are two completely different theories in the academia of our countries about whether the Acquisition in Good Faith can be applied in the area of real property. The current judicial system of our country has not yet established the Acquisition in Good Faith of Real Property with some strict requirements.Part Two: The Acquisition in Good Faith comes from the principle of Hand Muss Hand Wahren of the Germanic law and the constitutive of good faith of Acquisitive Prescription System of Roman law. The thesis analyzes why the Acquisition in Good Faith originated from the Germanic law and provides information of typical legislations, which apply the Acquisition in Good Faith only in the area of movable property and which expand the application to the area of real property, including the legislations of France, Japan, Germany, Switzerland and Anglo-American .Part Three: Elaborates the existential foundation and the requisites of real estate in good faith. Firstly, practice basis. After the real estate registration system was founded, this situation was still exists which the right registered do not accord with the true right, which the third people shill faces the danger of real estate bargain. Secondly, system basis. The key whether the overseas law rule of demonstration of real right by registration system can be regarded as the system basis of demonstration of real estate in good faith system lies in differentiating the relation between acquisition of real estate in good faith system and demonstration of real right by registration system, proving that the embodiment of the latter is the former, proving that the latter limits the condition which the former exist. Thirdly, the direct logic foundation that the acquisition of chattel in good faith comes from the official belief force and presumption force of possession, its theoretical basis lie in the pursuing for deal safety. The direct logic foundation that the acquisition of real estate in good faith originates from the official belief force and presumption force of register, its theoretical basis also lie in the protection to deal safety. That the traditional acquisition in good faith only applies to the chattel is the result of historical inertia. As the abstract principle, the official belief force of register is can't attain the purpose of protecting the deal safety of real estate directly.Part Four: Consideration on the legislation of real estate bona fide acquisition in China. In order to establish real estate bona fide acquisition firmly we should choose credit-formalism mode as the mode of alteration of real right at fires. Second we should consummate the system of real estate registration and vest real estate registration with governmental credibility. Third we should make real estate acquisition clear and definite in the law.