Explication Of The Applicability And Component Of Procuring Immovable Property In Good Faith

The system of procurement in good faith, which is one of the systems in Property Law, is important in safeguarding transaction and the right of third party in good faith. It is widely admitted by the law circle and embodied in most national legislations. However, there is much debate whether the system of procurement in good faith is the same with estate in the law circle, and it needs further discussion and investigation. But the system is defined on the 106th article of the Property Law of the People's Republic of China, and it affords judges and lawyers legal basis for unauthorized disposition of immovable property. But they usually can not make a decision whether the cases they handle are fit in the situation of the 106th or not because of the very general article and the different cases. At the same time, jurists are often bogged down in endless debates on some cases. The real reason for the dispute is their disagreement of the 106th article. This thesis is written for the correct understanding and applying the stipulation of the 106th article about procuring immovable property in good faith. It consists of the following parts: In Foreword I briefly introduced the system of procurement in good faith admitted in the Property Law of the People's Republic of China and the study methods of this thesis.In Part One a case in practice is given and the topic is driven out from it.Part Two looks at the conception, implication and the existing basis of the system. The groundings of the system existence are revealed by means of analyzing its origin, existing theoretical basis and economic condition. On the other hand, by comparing laws in different countries with China we can learn more and make up our shortcomings, and eventually promote China's legal development.In Part Three I probe into the applicability and component of the system in particular, and at the same time this work is being done by discussing the given case at the beginning. By doing this I hope people can explain and use the system of procurement of immovable property in good faith in practice correctly.Part Four sheds light on the relations of several parties, providing ways to make up for the loss of interest. The original possessor will suffer from the loss of ownership and the possessor can refer to the contract, tort, unjust advantage, or spontaneous agency so as to ask assignor for the damages and the return of profit.The objective of procurement in good faith is to protect the interest of the third party in good faith and maintain the business security, but in this part, all of the original possessor, unauthorized disposition part, third part in good faith and registration organ have their own rights and duties by law.In the final part, the main points of the thesis are shown and it concludes that the existence of procurement in good faith is quite necessary and the system still deserves deeper research so as to continuously perfect the system in legislation.