Immovable Property Acquired In Good Faith Rule Of Law Study

The concept of civil rights is a form of existence, though contains its own specific interests, but their recognition of their civil rights can not therefore necessary to resort to some form of rights that are used to describe a particular external form is the right characterization. The main function of the right to representation is the realization of the right, which is mainly in the rights and obligations between people, so right on the characterization of the different requirements for different. Civil rights as an umbrella concept, under which they contain, such as personal rights, property rights and a series of rights and how to achieve these rights, in order to maximize the satisfaction of people's increasing material and cultural needs has become a focus of civil legislation . This will be the acquisition of real estate property law system to start to explore the implementation rules of private property rights to put forward their views, in order to improve the relevant legislation.Real estate acquired in good faith on the property in today's Elements of Law are: to be achieved through the transfer of real property, the scope of this behavior must have certain restrictions, and must be paid and the law effective (in fact, has a contract pending with the effectiveness of conflict , described in detail below); the people shall be no right (in the disposal of family property, even if registered in one name only, in fact, still have the right to dispose of), the buyer for the kind of subjective, real estate property has been Registrar . Bona fide acquisition of real estate over the composition of elements in the surface seems to be complete, but the judicial practice in the specific operation, I am afraid not perfect, remains to be further understanding of the improvement. In real estate acquired in good faith, the original owner's interests will be compromised or less (but this is the case only in the disposition of property against the rights of indigenous people there under the premise of mind), therefore, should be allowed on the original prejudice the rights of the owner to set relief procedures to ensure the right balance. If a real estate transaction was identified as made in good faith, at least in the legal relationship will produce the following: the people and the trading relationship between the buyer, the people with the original owner of the legal relationship between the infringement, and registration of original owner relationship between tort law authorities.Acquired in good faith in the property law system is an essential one of the basic system, for the protection of security of transactions, safeguarding market order and balance of property acquired in good faith and the third loss of the right of the legitimate rights and interests play a decisive role. Dong Chan can be applied in good faith to achieve a system in our country and most other countries have been recognized, and this paper, for bona fide acquisition of real estate in theory, judicial practice, discusses some of the problems prone to their own humble opinion, in order to more accurately understand and grasp Bona Fide Acquisition of real estate transactions in the application.