The Acquisition In Good Faith Of Real Property In Civil Law

The Acquisition in Good Faith has been a very important legal system both in the Romano-Germanic law system and the Angol-American law system. There is no controversy about the application of the Acquisition in Good Faith in the area of movable property, but different countries have different legislation about whether the principle can be applied in the area of real property, and the academic always has different views about this issue."the People's Republic of China Reality of laws"(hereafter referred to as"Reality of laws", the code was implemented on October 1 and past on March 16 , 2007)had stipulated The Acquisition in Good Faith by 106th as well as 108th.and this legislation had stipulated explicitly this system is suitable for both the movable property and the real estate. Then, is this stipulation reasonable? The Acquisition in Good Faith whether suitably in real property domain and display function?The thesis aims to make a thorough study into the origin and vicissitude of the Acquisition in Good Faith on the historical and comparative perspective , analyzing the different scope of application in various countries, exploring the theory basis and practice support on The Acquisition in Good Faith of Peal Property , and proposing own opinion and the view about how to reasonable application and construction of acquired in good faith of real property in our country. I expect it would be beneficial to help people understand and comprehend this law system and would provide some positive ponders for the design and construction of The Acquisition in Good Faith when we compile civil code in the future.This thesis is composed of four parts as follows: The first part point out The Acquisition in Good Faith was derive from Romano-Germanic Reality of law system, because it adapts the requests of the commercial economy development. then was gradually applied to many countries including Angol-American legal system. Being an independent real right system .At first, The Acquisition in Good Faith only was applied to movable property then it was use to immovable property as the social economy life dependent by the system went through great changing.The second part is to construe the difference of scope of The Acquisition in Good Faith all over the world, this sort of phenomenon happened is mainly because it is different in every country' real right changing pattern .Defining the Acquisition of Good Faith of Real Property is a system that suitable for such countries which inherited the construction of Germantic law system, analyses the need for The Acquisition in Good Faith of Real Property from theories and practices and real property protection legislation and the choice of"China Reality of laws"is correct.The third part according to the related stipulation of"China Reality of laws"is to analysis and discuss The Acquisition in Good Faith of Real Property from the basic structure of the system, such as the composition of elements, the legal consequences, the property and so on.The fourth part is to introduce developing actuality and academic debate on The Acquisition in Good Faith of Real Property in our country and to clarify some of the problems and attention in the application of this system.