Explication Of The Component Of Procuring Immovable Property In Good Faith

In modern times, the system of procurement in good faith is an important system in civil law. At the same time, it is a basic system of the property law. Since the establishment of the system of procurement in good faith, such system has been valued by the scholars of each country for its unique charm. The system of procurement in goof faith has important meaning in protection of the legal rights and interests of the third party with goodwill and in maintaining the dynamic safety of the transaction.In the modern legal system, including the continent legal system and British & American legal systems, each country around the world has universally established the system of procurement of movable property in good faith. However, whether the system of procurement in good faith applies to the immovable property, great discrepancy in each country's law-making stipulation exists. In France, the system of procurement in good faith only applies to the movable property, and the system of procurement of immovable property in good faith has not been established. In Switzerland and Taiwan of the PRC, the civil laws stipulated the system of procurement in good faith. In Germany, the credibility has been vested in the land registration, for the interest of the transferee who trusts the contents registered in the land register and procures the land by the act of law is protected by the law. That is to say, the Germany has expanded the system of procurement in good faith to the domain of the immovable property. The Property Law promulgated by China on March 16, 2007 and implemented as of October 1, 2007 (hereinafter called"Property Law") synthetically stipulates the system of procurement of movable and immovable properties in good faith.The Property Law synthetically stipulates the procurement of the movable and immovable properties in good faith, simplifies the component of the procurement in good faith and meanwhile conceals the difference in the components of procurement of movable and immovable properties. Because the rule on change of the right of movable property and the rule on change of the right of immovable properties are quite different, the situation is same to the components of procurement of movable and immovable properties in good faith and because our country's original theory and practice mainly centered on the system of procurement of movable property in good faith, little importance was attached to the procurement of immovable property in good faith and deep study thereof was insufficient. Before the Property Law is implemented, the educational circle's theoretical contention over the procurement of immovable property in good faith mainly centered on whether the system of procurement of immovable property in good faith should be established by our country.Although the Property Law established the system of procurement of immovable property in good faith, the educational circle lacked the unified cognition to the component of the procurement of immovable property in good faith, and have little study of the perfection of the component of procurement of immovable property in good faith and of the connection of the system of procurement of immovable property in good faith with the relevant legal system. After the Property Law is implemented, in trial practice, the judicial authority must abide by the important legal system of procurement in good faith, and the theory of procurement of immovable property in good faith will also certainly exert great influence in judicial practice. Because the stipulation of the Property Law on the system of procurement in good faith excessively stresses the principle, has not been perfected by judicial practice, and has not been embodied as a result of lacking the corresponding legal explanation, how to use of the system of procurement in good faith in the practice will become important and difficult. In view of this, to study the component of procurement of immovable property in good faith from the angle of the theory of explanation and to study how to perfect the component of procurement of immovable property from the angle of legislation have important theoretical meaning.Starting with the evolution of the procurement of immovable property in good faith and with the theory basis, by analysis of law-making difference in each country's system of procurement of immovable property in good faith and combining with the Article 106 of the Property Law of China, this text mainly studies the stipulation of the Property Law on the component of procurement of immovable property in good faith and studies how to perfect the component of procurement of immovable property in good faith so as to explain and use the system of procurement of immovable property in good faith in practice and to continuously perfect the same system in legislation.