Bona Fide Acquisition Of Immovable Property

The system of bona fide acquisition of real estate is an important system in civil law and the law of property ownership. It mainly deals with the conflicts between the owner of property and the goodwill grantor, confirms and protects the real right already obtained by the grantor in trading. Theorists of traditional civil law thought that the system is only suitable to the personal estate. Various countries have different opinions on whether the real estate can be applied the system of bona fide acquisition, so does our country. How establishes the system of bona fide acquisition in our country? It is worth discussing thoroughly.This thesis take the system of bona fide acquisition of real estate as a center, should discuss the question to carry out the system of bona fide acquisition in our country, the whole text altogether contains five parts. discusses the real estate should be suitable the system of bona fide acquisition in the theory and the practice significance, and proposes own viewpoint about " Real right law " the correlation terms which the system of bona fide acquisition of real estate, the main text altogether divides into five parts.The first part, researchs the system of bona fide acquisition of real estate different legal regulation comparison and analyzes the theoretic dispute, explains Whether real estate can be acquired by the bona fide acquisition is different according to different regulations of registry of different countries. The reason of non-recognizing the bona fide acquisition of real estate in some counties is related to the registration form of examine formalist, we take the formalist of examine the matter, so the bona fide acquisition of real estate has the system foundation in our country. In the country where the registering system of real estate is carried out through audit program, real estate can be effectively protected, therefore, in order to stimulate transaction, the real estate should be applied the system of bona fide acquisition.The second part, analyzes the foundation to the system of bona fide acquisition of real estate. This part analysis contains three aspects: First, theoretic foundation to the system of bona fide acquisition of real estate is the force of confidence. To protect the interest of the third party of goodwill in exchanging with the man who has no right in register. Next, the significance of the system of bona fide acquisition of real estate is that balances the efficiency and the security, encourages the legitimate transaction activity. Third, the realistic reason to the system of bona fide acquisition of real estate is often appears the real estate register error.The third part, elaborates the important component essential of the system of bona fide acquisition. First, the third party must the good intentions; Second, the endorser who has no right in fact; Third, the grantee payment obtain, and has transacted the register; Fourth, the register occur the error, the appearance right is inconsistent with the real right condition.The fourth part, elaborates the system of bona fide acquisition legal consequence. The third party of goodwill may obtain the real estate property rights; The party of primary actual right loses interest of the real estate, can't request the third party of goodwill to return original and undertake the responsibility, to carry on the compensation through the national compensate relief, the right tortious responsibility relief, the breach of faith responsibility relief, improper profits the relief. Assignor has no right to exchange to undertake the responsibility of tortious damage compensate, or the responsibility of improper profits; National Registry Office should carry on the national compensation relief to the victim, if the registration mistake causes party damaging.The fifth part, evaluate correlative regulation about the system of bona fide acquisition in our country "Real right law". It is necessary to constitute the system of bona fide acquisition of real estate, although progress of our country market economy is rising and flourishing, but it is key that merchandise circulation becomes rapid and safe, but the real estate transaction is very important, because it relate entire social life stability. The system of bona fide acquisition expanded to the real estate in our country "Real right law", it is advantageous in consummates our country's civil legislation and the protecting transaction security and instructing the people's court trial. This article thinks it is unadvisable, that the system of bona fide acquisition of personal estate and the system of bona fide acquisition of real estate are constituted together in our country "Real right law", and puts forward own proposal. Our country "Real right law"still is constituted at the elementary stage, it is immature, need be enrich and consummate constantly, to fulfil demand of the market economy development.