On Real Estate Acquired In Good Faith

The Acquisition in Good Faith of Real Property, just as the name implies, means the application of Acquisition in Good Faith in the area of real property. According to the Acquisition in Good Faith of Real Property, the buyer shall obtain the ownership of a real property and the original owner of the real property shall not demand that the buyer return the real property to him, although the buyer has bought the property from some one who actually has no right to sell it but has got and held the certificate of title to house property. If the Acquisition in Good Faith shall be established and applied in the area of real property, it may protect a buyer acting in good faith better and help to find a proper balance when conflicts arising between the ownership and transaction safety.The Acquisition in Good Faith is a rule of transaction that has come into being to meet the need of the development of commodity economy. It involves the protection of ownership in civil law and the evaluation of transaction safety and has been a very important legal system both in the Romano-Germanic law system and the Anglo-American law system. There is no controversy about the application of the Acquisition in Good Faith in the area of movable property, but different countries have different legislations about whether the principle can be applied in the area of real property, and the academic has different views about this issue.The thesis aims to make a thorough study into the history, comparison of legislations and the basis of practice of the Acquisition in Good Faith, find out the theoretical foundation of the system of Acquisition in Good Faith of Real Property, and probe into the feasibility of the system. And the thesis also aims to find out how the system of Acquisition in Good Faith of Real Property shall be set up and be applied in judicial practice by making a study about the constitutive requirements and legal effect of it,which it start form the Act of Property Right of our country.The thesis is composed of five parts as follows:The first part: The Acquisition in Good Faith of Real Property is legislated in different countries,just as France,Janpa,German,Swichland,Ruassia,the district Taiwii of our country and the island of our country。The second part : There are two completely different theories in the academic ofour country about whether the Acquisition in Good Faith can be applied in the area of rea property. But The current judicial system of our country has established the Acquisition in Good Faith of Real Property.The third part : The thesis introduces the existing foundation of the Acquisition in Good Faith of Real Property. One is the practical foundation;the other is the theoretical foundation.The fourth part : By making a study about the constitutive requirements and legal effect of it, the thesis tries to which it start form the Act of Property Right of our country.The fifth part : By comparing the Acquisition in Good Faith of Real Property with unauthorized disposition, preferential right, co-ownership of real property, and apparent representation, the thesis tries to recti some mistakes about the Acquisition in Good Faith of Real Property in order to solve some problems in the application of it in judicial practice...