Study On China's Good Faith Acquisition Of Real Estate

Good faith acquisition is an important system of real law. It is of such significance that it makes a great contribution to securing the transaction of movables, promoting the smooth flow of commodities as well as maintaining a stable economic order. Due to its above merits mentioned, it has been widely recognized as an important legislation in many countries. At the same time,with the rapid development of market oriented economy, the transactions of immovable are more and more prosperous. Because it's Characterized as large objects and complex legal relations,immovable transaction tends to affect the stability of economic environment. Therefore,security concerned with immovable transactions has aroused more and more attention in our society. Real right law of the People's Republic of China, promulgated after seven times of deliberation, has provided the bona fide acquisition of real estate explicitly, which are agreed upon by author, but as to the material provision, author holds the view that it shall be perfected so as to benefit from the material operation and execution.The thesis aims to make a thorough study into the history, comparison of legislations and the basis of practice of the acquisition in good faith, find out the theoretical 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 estate 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. The dissertation has been divided into three parts:The first chapter analyzes the theory origin of the good faith acquisition. The legal science research first needs to analyze the system origin of the good faith acquisition, which originate from the principle of Hand muss Hand Warren in ancient Tectonic Law, and absorb the important document of good faith in Roman law. Following, points out the theory basis and the logical basis of the good faith acquisition: force of public credit. There are many registration defects in the filed of real estate registration in the real life, and that cause inconsistent situation between right content registered with the real right condition, so this is the practical basis to establish the good faith acquisition about real estate. The second chapter fully analyzes the qualifications and the lawful efficiencies of the bona fide acquisition of the real estate. According to the Real Right of the People's Republic of China, it only provide three qualifications about the bona fide acquisition of the real estate, so author proposes it into five qualifications, and emphasizes legal efficiencies of the bona fide acquisition of the real estate.The third chapter puts forward proposal for constructing the system of good faith acquisition about real estate theoretically. First of all, points out how to change the backward situation in present real estate registration in our country, establish the perfect registration system, to reduce the inconsistent situation between right content registered with the real right condition as far as possible. At the same time, in order to balance the benefit between the owner and the property grantee that has good faith, we should coordinate the conflicts between the system of good faith acquisition and the system of unauthorized disposition.