Bona Fide Acquisition Of Chinese Real Estate

Acquired in good faith that the system is an important system of the modern civil law property rights. Acquired in good faith, also known as instant made in good faith to obtain the static system involves the ownership of property protection and property transactions moving to protect two areas, protection of property transactions move to protect a property law system is the expense of property ownership static protection. Most of the system applies the movable area is the consensus of many scholars, but the bona fide acquisition system are applicable to the field of real estate, national legislation is not the same, affected by the Germanic law, civil law countries to establish a system of real estate acquired in good faith. China on October1.2007promulgation of the "Property Law" for the first time provides for real property acquired in good faith system, it can be said that the important achievements of China's property law legislation, with the progress of the times. Real estate acquired in good faith system has its unique elements, but the legislative language of property law in China is too simple, does not require the connotation of the various elements, resulting in difficulties in the application of the law. The author according to the problems encountered in the application of the law, according to the author's understanding of the various Elements of the system one by one in a more detailed analysis, and the inadequacies of the system and method, in order to clear real estate in good faith the concept of the system. Components, and improve the law, to better serve the social and economic development. This article is divided into five parts:The first part is a real estate acquired in good faith the system overview. The analysis of the origins of real estate acquired in good faith, theoretical foundation, basic values, and practical needs, the scope of application.The second part of the legislation compared to the real property acquired in good faith system. Comparison of Germany, Switzerland, France, Japan and the Anglo-American legal systems of the national real estate legislation, to prove to the legislative history of China's real estate. The third part is the system of real estate acquired in good faith. Constitute the elements of real estate acquired in good faith system connotation:the right disposition of the assignor, the assignee in good faith, reasonable prices, the assignee of real property transfer registration.The main changes in property rights, the real rights, the right disposition of people, bona fide third parties, the legal relationship of the registration authority and responsibility.The fourth part of the system's lack of real estate acquired in good faith and perfect. The inadequacies of the main analysis:should not be movable and immovable property acquired in good faith provisions in a legal provision, the ways of the real right to the relief of the registration authorities are not uniform registration procedures need to improve; sound advice is:movable and immovable property in good faith obtain the system should be legislation; registration authority means innovation, real estate registration should be made public; the establishment of a national unified real property registration authority; the registration of the error of the registration authority should establish the appropriate compensation mechanism.