The Legal Structure Of Acquisition In Good Faith

Considering convenience and security of transactions, legal effect of property changes in unauthorized disposition contracts is finally recognized by laws, following the Good-faith Acquisition system. The Good-faith Acquisition system can be traced back to Germanic law of "Hand muss Hand Wahren" principle and the late Roman "Usucapio" system. Article 106 of China's Property Law clearly specified the Good-faith Acquisition system, which unified the Good-faith Acquisition system of movable and immovable properties, and proved to be a breakthrough in the legislative model. However, legislative stage result should not prevent "review" of the current system. Can real estate be acquired in good faith? Is there a unified understanding of Good-faith Acquisition world-wide? What are the constitutional elements of Good-faith Acquisition and how should laws regulated the same? The above mentioned issues will be discussed in this paper by using historical, comparison and empirical research method. Framework of this paper is as follows:The first chapter provides a basic introduction of concept and content of Good-faith Acquisition system, based on which the relationship of two legal institutions, i.e.,"Hand muss Hand Wahren"and"Subjective Good Faith", and Good-faith Acquisition system is analyzed.Chapter Two focuses on the reasonable basis for the Good-faith Acquisition system, i.e., the vale and logic basis.Chapter Three makes the analysis on Good-faith Acquisition of immovable properties by comparing relevant regulations in different countries.The Forth Chapter provides the constitutional elements of Good-faith Acquisition.Chapter Five discusses the Good-faith Acquisition system of P.R.C. based on the analysis above. Further interpretations such as whether intercrditor contract is element for good-faith acquisition and meaning of Reasonable Price Transfer are needed for further legislative development.