China's Real Estate Acquired In Good Faith Of The Institutional Legal Issues

The bona fide acquisition system was established by the article 16 of the Real Property Law of PRC which was enacted in 2007. However, the controversy on whether it is necessary to import such system into our legal domain is still quite heated within the scholars. Besides, the legislators are often annoyed by the question that what exactly are the components and the legal effects of the system.This thesis is divided into four chapters. The first chapter systematically analyzes relevant provisions on bona fide acquisition in real property law of China and summarizes the theoretical origin and the historical amendments thereof. Although traditionally the bona fide acquisition system merely applied to the movable property, but along with the developments of the merchandize economy, the trades of real property become more and more frequent. Hence, a large quantity of countries, such as Germany and Switzerland, gradually admitted that the bona fide acquisition system was a very important kind of principle to protect the trades. The second chapter tries to analyze the necessity of importing the bona fide acquisition system into China in both positive and negative ways. Meantime, combined with the current social conditions of China, it brings forward the realistic meanings referring to the regulations of Germany, Switzerland, France, and Japan. Judging from the legal constitution, the bona fide trust of the third party, system values, legal effects, there are much more commonness than discrepancy between the bona fide acquisition of real property and movables. Therefore, there are no substantial obstacles to apply the bona fide acquisition to real property. The third chapter particularly defines the constitutors of the bona fide acquisition of real property. Especially it hopes to refine the system based on the three constitutors regulated by the 16th article of the real property law. Simultaneously, it discusses the legal effects of the bona fide acquisition of real property. The fourth chapter intends to explore compatible regulations with the bona fide acquisition system and to refine the procedures of registration of the real property. Moreover, it also hopes to establish the accurate definition of the real property and uniform registration department. Last, it wants to assure the registration mode of real property.The intention of this thesis is to improve the legislation and enforcement of the bona fide acquisition system and other kind of regulations of China based on the assimilations of international practical experiences in order to establish a consummate legal system in the scope of the trade of real property.