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Brief Analysis On China's System Of Good Faith Acquisition Of Real Estate

Posted on:2009-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:M M JiangFull Text:PDF
GTID:2166360278471284Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The acquisition in good faith of real estate accord to the third partner who is in the good intentions and the faith real estate registration has a transaction with the nominal person of real estate registration, and the real estate already have been registered by the third partner's name in registration book, at this time, if the registration record and the real rights are not in the same, then the good intentions third partner shall obtain the ownership of the real estate and the original owner of the real estate can't demand that the good intentions third partner return the real estate to him, the original owner request only compensation from the nominal person of real estate registration or the registration institution with mistake . The acquisition in good faith of real estate is that the acquisition in good faith is established and applied in the area of real estate. Theorists of traditional civil law thought that the system is only suitable to the personal estate. Various countries shave different opinions on whether the real estate can be applied the system of bona fide acquisition, so does our country.The thesis aims to veto the negative viewpoint of the acquisition in good faith of real estate, find out the theoretical,value and reality foundation of the system of acquisition in good faith of real estate, 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 requirements and legal effect of it, which it start form the act of property right of our country. Finally summarizes the full text content through the conclusion, and attempts to propose some own opinion based on above elaborates . Author hope that it is helpful in the enrichment and the consummation of the just promulgated "real right law".
Keywords/Search Tags:the real estate, the acquisition in good faith, safety of transaction, real estate registration, the principle of announcement and public confidence, real right law
PDF Full Text Request
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