Study On The Legal System Of Real Estate

System originated from the Germanic method "hand muss hand wathren " principle, its hand to armguard protect transaction security, to maintain social and economic order of great significance. China has long theory and practice, the theoretical breakthrough in the field of trade restrictions, movable property transaction area extends. Law of the People's Republic of China on 1 October 2007 formally went into effect in this concern, the law stipulates: real estate, 106 has also apply. This paper analyzes the good faith acquisition of immovables exists in the related theory and differences, constitutions and laws, and perfect measures to make thebrief analysis.The first chapter analyses system theory origin. First need to study law clearly defining the concepts, therefore, in this chapter to personal and property first defines the concept of division, pointed out that our country should adopt the chattels and real estate. Then, the good faith acquisition of immovables exists, namely the origin of system originated from the Germanic method "to" principle, and hand armguard absorb the Roman law goodwill elements. Finally, the article briefly analyzed in the world has not.The second chapter analyses system established the necessity and realistic meaning and related theory. First to establish the good faith acquisition of immovables exists for the necessity of and evaluation, which includes practical basis, the feasibility and legal basis. Then a simple analysis system established in the realistic significance. In the final analysis system for the related theories and differences.The third chapter analyses the good faith acquisition of immovables exists and the legal effect of the elements. This chapter first detailed analysis of the good faith acquisition of immovables exists five elements of the existence of the real estate registration mistake, When the transferee thereof out of goodwill is real, Transfer of real estate registration records for the obligee and powerless punish realty, The transferee through reasonable compensation, the ownership of the realty law behaviours, Transfer of property shall be registered in accordance with the law has been registered, do not need to register has delivered to the transferee. Then it analyses the real estate has the legal effect, including: all the people and the rights and duties in the relationship between alienee, By the transferor and transferee relationship between rights and obligations, All the rights and duties in the relationship between transferor and.The fourth chapter specific system is analyzed. Specific talked about the good faith acquisition of immovables exists in the system, reflected in the real estate registration, laws and regulations, unity, The real estate registration organ of unity, The real estate registration information publicity enough, About "good faith" and "reasonable" standard recognize problems, The good faith acquisition of immovables exists in compensation.The fifth chapter discussed the perfect system. Including the unification of the real estate registration law, A unity, independent of the real estate registration authority, Perfect realty registration information openness system, Clear of the real estate registration examination way, A new kind of realty registration error compensation system.