On The Registration Of The Credibility Of The Protection Of Bona Fide Third

The public reliance of registration is an important theory of real law,thus comprehending the function of protecting the third party in the change of the property right is essential to the healthy development of a country's economy.This thesis mainly discusses the fundamental theory of the public reliance of registration and the function of the public reliance of registration to protect the third party in the transaction of the property right to fully reveal the theory of the public reliance of registration to protect the bona fide acquisition of the third party.This thesis is composed of five parts.Part one briefly reviews the origin of the public reliance of registration,based on which it defines the concept of the public reliance of registration and analyses the legal value of the public reliance of registration.Part two mainly reveals the theoretical foundation and practical basis of the public reliance of registration,regarding that the theory of appearance and the separation of real rights and creditor's rights are the theoretical basis of the public reliance,the perfect system of registration is the practical foundation of public reliance of registration.Then this part further discusses the relationship of the public reliance of registration and the effective mode of registration,regarding that the doctrine of confrontation of registration denies public reliance and the doctrine of document entrusts the public reliance of registration,from which this thesis elicits it's own opinion,that is it should entrust public reliance to the registration.The third party discusses that under the condition of entrusting the public reliance to registration,if the third party want to get the protection from the public reliance,what condition it should satisfy,this thesis puts forward five conditions.Chapter four mainly discusses the nature of right that the third party gets by the protection of public reliance,and it concretely discuss the effect of real right and the effect of creditor's right.Part five mainly discusses the relationship of the public reliance of registration and the bona fide acquisition,and it discusses the reasonability of merger of the bona fide of the movable and the real estate.