A Study On The System Of Acquisition In Good Faith Of Immovable Property

The theory of the acquisition in good faith is not a new one. In China, we are familiar with this theory applied in the field of the movable property. However, in the field of the immovable property, it is a new theory. Originated from the Germanic principle "hand muss hand wathren", the legal foundation of this system is the public summons and the public trust. Today, our study on this system is deeper step by step. In the old days, the system focused on the movable property, but with the growing importance of the immovable property, the transactions becomes more frequent. In this process, the contradiction has become more and more. The key problem is the confliction between the real immovable property holders and the third party with good faith. However, to resolve this contradiction, we don't have any law to be invoked, and there are not any legal norms to comply with. Real Right Law of the People's Republic of China adopted in March 2007 expands this system to the immovable property. It provides legal basis for the contradictions. There has no doubt that it gives powerful help to our transactions and socio-economy.Compared with the system in Germany, this paper analyses the system of the acquisition in good faith in China and how to make this system perfect. There are four parts:Part One analyses the components of this system. It defines the main concepts, such as immovable property, good faith and so on. In this part, it gives a deep analysis on the theoretical origin and the object.Part Two deals with the basis of this system, including practical basis and valuable basis. It also introduces the legislation and practice in China and Germany. In this part, we can have a clear understanding from the comparison between China and Germany.Part Three expatiates on the components and legal effect. There are some differences and some similarities.Part Four discusses the inadequacy of this system and then put forward a sound proposal. Based on China's reality, we learn from German's mature system. Then our purpose is to make this system take root in China, make this system develop perfectly. We believe that this system must contribute its strength to our socialist economic construction.