On The Real Estate Acquired In Good Faith

Bona-fide possession system, which is an important system in Property Law, is important in safeguarding transaction and the right of bona-fide third party. It is widely admitted by the law circle and embodied in most national legislation that bona-fide possession system is the same with movables. However, there is much debate on whether bona-fide possession system is the same with estate in the law circle, and it needs further discussion and investigation. This paper probes into the conception, character, theory, condition, applicable scope, right relief, law effect, realism significance of bona-fide possession system on the basis of analyzing the theory, legislation background, legislation model about bona-fide possession system.Estate bona-fide possession system is that bona-fide third party has trust in register and gets the estate through bargaining in the estate business. Estate bona-fide possession is derivative acquisition, which is good for reasonably resolving the inhere burden of bona-fide acquisition. With the development of estate business and the need of safeguarding business, estate bona-fide possession system comes into being. Estate bona-fide possession system is embodied in the civil legislation of Germany, Switzerland and Taiwan district of our country, which makes a good example for our national estate bona-fide possession system legislation. Estate bona-fide possession system has come into being in our national legislation, and has been adopted by Property Law(draft).The public credibility of estate register is the theory basis of estate bona-fide possession system, and it is the conclusion of public credibility principle. In order to make right relegation clear and safeguarding business, register is given to the public credibility. As movable safety, when justice and order is in conflict, the safety of business will sacrifice the benefits of inhere obligee for the benefits of bona-fide third party in order to maintain the order of business. The establishment of estate bona-fide possession system in our country has the important realism meaning in the background of profound transformation of market economyThe benefit of the inhere obligee of estate is sacrificed limitedly in estate bona-fide possession system, which is reflected in the structure conditions of estate bona-fide possession. There are four necessary conditions in estate bona-fide possession system. Firstly,...