Comments On System Of Obtaining Of The Real Estate Property Rights In Good Faith Within The Context Of Civil Law

The obtaining of right in rem in good-faith is kind of civil act which frequently occurs in our life, it is also one method by which the rights in rem obtains subject to the civil act. Although there is no such an explicit and complete system as to the obtaining of rights in rem in good faith in China's present legal system regarding obtaining of real properties, it has been consistently recognized that the good-faith purchaser shall be entitled to the right of ownership with regard to the property obtained by him or her in good faith in judicial practices and related judicial interpretation by various People's courts of justice. The system with regard to obtaining of rights in rem in good-faith is aimed to protect the security of transaction and to promote the smooth and safe functioning of the market economy. The system with regard to the obtaining of rights in rem in good-faith is designed to provide the legal protection for the safety of transactions in which any rights of third persons in good faith based on the credibility of possession is protected without compromising the legal interests of original owners. Such a system is aimed to achieving the value of civil law such as honesty, creditability fairness as well as justice. According to the author's view, the scope of obtaining of rights in good-faith shall not be limited to the movable property. Such a system shall also apply to the mortgage of the movable property, the lien, the right of expectation of buyers to reserve the ownership of movable properties as well as the contractual rights subject to securitization and substantiation. It has been proved that such a concept has been playing very important role in enhancing the protection and promotion of transaction safety, and in maintaining the market economy order, thus are generally accepted by various countries' legislative institutions. China's present civil legislation has not yet established an integrated system with the obtaining of property in good faith. The author of this thesis is of the opinion that the establishment of such a system on the basis of the above-mentioned concept will not only promote and improve Mainland China's administrative legislation certain, but lead to the reform and improvement of the registration regime regarding real estate as well.