Study On The System Of Good-faith Acquisition Of Immovable Property

The system of good-faith acquisition of immovable property originated from the principle of Hand muss Hand wahren in Germanic law, and is of vital importance to protect the transaction security, promote the commodity circulation and stabilize the economic order. Through the long-term exploration in both theory and practice, China has already extended the system of good-faith acquisition of immovable property into the real estate transaction by making it break through the limit from movable property transaction in the Property Law of the People's Republic of China which formally came into effect on Oct. 1, 2007.In the thesis, four aspects, respectively as the fundamental theory of the system of good-faith acquisition of immovable property, the effect of the regulations regarding the validity of immovable property's change on the system, the key components of the good-faith acquisition of immovable property and their legal effects, and the defects of the system of good-faith acquisition of immovable property and the modification proposals, will all be proceeded from to give an analysis and statement.In Part-1, the fundamental theory of the system of good-faith acquisition of immovable property is mainly expounded. Firstly, the concept of immovable property is analyzed and the development process of the system of good-faith acquisition of immovable property is stated. Secondly, the nature of good-faith acquisition of immovable property belongs to the original acquisition is discussed. Thirdly, the needs from reality for establishing the system of good-faith acquisition of immovable property are analyzed. Finally, the fundamental theory of the system of good-faith acquisition of immovable property is illustrated.In Part-2, the effect of regulations regarding the validity of property right change of immovables on the system of good-faith acquisition of immovable property is analyzed. Firstly, the regulations on protecting the third party acting in good faith by the Supreme People's Court are commented. Secondly, the regulations on protecting the third party acting in good faith by the Contract Law are commented. Thirdly, the regulations on protecting the third party acting in good faith by the Property Law are commented. In Part-3, the key components and legal effects of good-faith acquisition of immovable property in the Property Law of our country are analyzed. Firstly, the key components of the system of good-faith acquisition of immovable property are analyzed in details, mainly including punishment for the person without disposition, the good faith showed by the assignee when assigning the immovable property, the non-gratuitous nature of contract, the assignment contract shall be characterized by all the key components required by an effective contract except for that the assignor hasn't disposition, and the formal blemish shall not exist in the change of registration. Secondly, the legal effects of good-faith acquisition of immovable property are analyzed, including the legal effects among real owners, nominal owners, assignees and the registration organization.In Part-4, the legislative defects and modification proposals of the system of good-faith acquisition of immovable property are expounded. In combination with the analysis in Part-3, the legislative deficiencies of the system of good-faith acquisition of immovable property are pointed out, and relative modification proposals in both legislation and justice are put forward, including make sure the assigned immovable property can be put in the market circulation and has already been registered, the seller has the lawful right appearance due to faithful registration, the buyer trusts in registration information of the immovable property and shall possess all the key components required by other effective contracts except for that the assignor hasn't disposition, and the formal blemish shall not exist in the change of registration, etc.