Application Of Good Faith Obtaining Of Real Estate

Bona-fide possession system, which is an important system in Property Law, is important in safeguarding transaction and the right of bona-fide third party. It is widely admitted by the law circle and embodied in most national legislation that bona-fide possession system is the same with movables. However,there is much debate on whether bona-fide possession system is the same with estate in the law circle,and it needs further discussion and investigation. This paper probes into the conception,character,theory,condition,applicable scope,right relief,law effect, realism significance of bona-fide possession system on the basis of analyzing the theory,legislation background,legislation model about bona-fide possession system.The benefit of the oblige of estate is sacrificed limitedly in estate bona-fide possession system,which is reflected in the conditions of estate bona-fide possession are four necessary conditions in estate bona-fide possession system. Firstly,the estate must be transferred lawfully and compensatively in some limited scope;secondly, the transferee hasn't the right of disposition and the reason of having no right of disposition is due to flaw register,transferee's disguising the truth,transferring mistake information;thirdly,the third party must be in good faith and has no gross negligence;lastly,the alteration of estate right has been finished.Estate bona-fide possession system is the same with land and thing attached thereto such as tenement and forest,but it is not applicable when the third party is aware of the truth and it is registered demurral. Because the benefits of the original obligee are sacrificed in the estate bona-fide possession system,he should be succored due to justice principle in many ways such as liabilities for infringement,undue enrichment and state compensation. It is the basic effect on law of Estate bona-fide possession system that the third party acquires the estate and the original obligee loses it,which embodies the relation among the original obligee,the third party,the transferee the register organ.