The Study Of Acquisition Of Immovable Property By Good Faith

In the process of enacting of "real right law", there were lots of controversies inacademic circle about the immovable property is applicable acquisition by good faithor no. finally, the “real right law “integrated immovable property into acquisition bygood faith. But the controversies do not disappear after the "real right law" gong intoeffect. At the same time,because immovables and movables were included in the samearticle (article106), the law made no distinction between them.But objectively,There are many differences between movable property and immovable property in thepublic means, the trusting foundation, morphology deals and the real right change, sonew problems emerge in specific application of the system,which cause debates inlegal theory and the judicial practice. The author thinks that, the acquisition ofimmovables by good faith based on the theory of immovable property credibility.Thereare some differences between it and the German law, Swiss law, but there is noessential difference between them. At the same time, when we apply the system,weshould accept different standards between movable property and immovableproperty,even them in the same article. Only in this way can we better implementationof value of the acquisition of immovables system by good faith.This paper is divided into five parts.The first part is the introduction. In this section, the author putted forward thetheme of this paper, the research methods, and notices. The author thinked that theacquisition of immovables by good faith has important theoretical and practicalsignificance, so this thesis adopt history, comparative research methods, real estateownership in good faith acquisition system mainly discussed in this paper.The second part, the author studied the system from a theoretical perspective. Inthis part, the author first studied the historical development of the good faithacquisition of immovables and theoretical basis. The author thinked that acquisition of immovables by good faith resourced from acquisition of movable property by goodfaith, and its development based on realty registration system appearing and perfecting.Credit formalism as an example,the public credibility is the theory and logical basis ofacquisition of immovables by good faith. In this part, the author briefly introduced thethird goodwill person protection modes of represented countries and regions of twoimportant legal systems,its primary purpose for the comprehensive analysis, therecognition and evaluation of acquisition of immovables by good faith system in Chinato provide foreign material.The third part, the author studied the components of acquisition of immovables bygood faith system and how to apply it. According to the “real right law"106thregulation, the keys of acquisition of property by good faith include: the transferor isnot entitled to transfer, the transfer base on legal action, the assignee is good faith,paying reasonable price, delivered or registration requirements, etc. From the lawprovisions to see, these components uniformly apply to immovables and movables. Butaccording to the characteristics of the real estate, the judgment and the application ofthe components of immovables should be distinguished in good movables. In thissection, the author also analysed the relationship between effectiveness of the contractand acquisition of immovables by good faith system, and considered that theacquisition of immovables by good faith system does not repel the cognizance of theeffectiveness of the contract.The fourth part, the author answered the legal effect of good acquisition ofimmovables by good faith. The author thinked that, between the right holder and thetransferor, the transferor and the assignee, acquisition of immovables by good faithmainly emerge two effects-real right effect and creditor’s rights effect. The real righteffect is that real right is obtained by the assignee. And the creditor’s rights effectmainly embodied that the holder should ask transferor to compensate for damage, buthe can’t claim the assignee to return the original object or claim for damagecompensation.The fifth part is the conclusion.The author reviewed and summarized the full thesis.