Bona Fide Acquisition Of Immovable Property

Good faith acquisition system, as an important system of real right in civil law, is of great significance for maintaining the economic order stability, promoting the secure and convenient transaction and balancing the benefit between real person and the third party acting in good faith. Good faith acquisition system is suitable for movable property, which has been widely confirmed by Theory horizon and various countries' legislation, while whether it will be applied to the real estate or not is always a concern. Property Law of the People's Republic of China, which is passed on March 16,2007 and implemented on October 1, has clear statement about good faith acquisition system. Its scope is expended to real right of real estate. The establishment of the system provides a legal basis to solve problems in real estate dispose problems of judicial practice, but cases are not identical in practice, and complicated cases appear from time to time. Controversy also exits in Theory horizon to the application issues of such system.This paper attempts to from a perfect real estate good faith acquisition system. It deeply analyzes the system from the history origin, related concepts, establish foundation and legislation comparison; expounds key components and legal validity of real estate good faith acquisition with the rules of property law; puts forward impeccable suggestions to practical issues.This paper is divided into four sections:The first section is the basic theories of real estate good faith acquisition system, introducing its origin, the differences with movable property good faith acquisition system, expounding the differences of positive theory and negative theory, analyzing theoretical basis, realistic foundation and values of establishing real estate good faith acquisition system.The second section discusses the typical legislation cases in abroad. From continental law system and Anglo-American Legal System, it lists related provisions of this system of France, Switzerland, Germany, Japan, Britain, the United States and Taiwan, obtaining a conclusion by comparative analysis that China should establish the real estate good faith acquisition system.The third section discusses the key components and law application of real estate good faith acquisition system. With the rules of property law,I think the key components of real estate good faith acquisition system should include assigner who has no disposition right, assignee who accepts with good faith and reasonable price, property right change registration that have been done. Meanwhile, it analyzes the property change potency between no disposition right people and the third party acting in good faith, together with the obligatory right change potency among original oblige, no disposition right people and the third party acting in good faith.The fourth section proposes the improvement suggestions of real estate good faith acquisition system, especially the foundation of credit management system in related relief measures, in order to make contribution to establish our impeccable real estate good faith acquisition system.