The Rationality Of Real Estate Acquisition In Good Faith

The establishment of the real right law is significant event in China during the progress of rule-by-law.It greatly accelerates the foundation of well-ordered socialism market economy and the aggressive created potential.As for the original meaning of the real right law,it is actually a law of propertyjust as professor Liang said "the real right law is the legal rule of how to possess, utilize, seek profits from and dispose of the realty or chattel"The real right law owns great advanced legal authority. Its biggest advancement rely on the article 106,which stipulate that good faith acquisition,or so-called bona fide acquisition is applied in the legal system, meanwhile bona fide acquisition obtain both the chattel ad realty.However, theories argues about the application of bona fide acquisition in realty field.The key point is that if the register,as the public confidence efficacy(credibility), is strong enough to overcome the good faith duiring the deal.Under the condition which the registered obligee do not match the truly legal owner, since the assignee trust the register and obtain the ownership of the realty, is the system of bona fide acquisition still necessary? Is such kind of public confidence efficacy of the register legally worked as good faith?I suppose that it is improper to judge the bona fide acquisition simplely from the theory.Every law run in the social life to work out its use.As the reality of our country now,which has uncomplete register system, we should analyse the application of bona fide acquisition in realty field with more practical work.This paper begins with the transaction security, which means bona fide acquisition supply a safeguard function.Meanwhile the paper analyse the formation of the bona fide acquisition system,to work ou tthe necessity of bona fide acquisition in realty field.After both theory and practical analysis, the paper wok out that during the trading conditions which the real right law build now, the bona fide acquisition for realty is beneficial for both the society and the assignee, and it is the eager demand to build the harmonious society...