Immovable Property Acquired In Good Faith On The Applicable Of Law

Speaking of good faith to obtain, many people first think of movable propertyacquired in good faith, but generally agreed that the bona fide acquisition movableapplicable Acquisition System for Real Estate can not apply to goodwill, because theregistration of real property is based on its publicity methods, transaction not tomistake the registration of human of all, it is not the goodwill acquired. In fact, suchas the common shared property registered under the name of a person often.Registration does not necessarily enjoy full ownership real estate, based onregistration of the credibility of the trust, the transaction is entirely possible to believethat the full ownership of the registration the right to dispose of immovable. If the realestate NA acquired in good faith, to trust the credibility of the buyer registration isextremely unfavorable. Real estate acquired in good faith system is an important legalsystem, civil law relating to transfer of ownership of real estate it is to protect theinterests of bona fide third parties to maintain the transaction security, maintenance ofnormal market order, and promote the building of our society under the rule of lawand building a socialist harmonious community play an important role. System in alate start in China’s legislative system of real property acquired in good faith,"Property Law of the People’s Republic of China" was implemented on October1,2007, the Act expressly provides that a bona fide acquisition of real property, tomaximize the protection of bona fide third interests, and improve our existing systemof property law. The system to maintain a normal market trading relations, contributeto the stability of the social and economic order, thus contributing to the promotion ofthe socialist market economy, rapid and orderly development, but often encounteredin the trial practice of real estate acquired in good faith how to apply a variety ofproblem, there are a lot of controversy. The first part of this article describes theconstituent elements of the concept of real estate acquired in good faith andimmovable property acquired in good faith:(1) the subject matter must be immovable property; grantor shall be no disposition of people for the real estate; transferee mustbe paid legal behavior obtained ownership of real estate; assignee, transferee of realestate must be in good faith. The second part of the transactions made in the trialpractice in the case of real property in good faith the validity of the contract discussedin theoretical circles of real estate acquired in good faith transaction contractcontroversy, and the author of view, drawn in good faith to obtain the transfer ofcontract law property should be held to be invalid. The third part is a discussion pointin time constitute a bona fide acquisition, first proposed the time of the judgment inthe real estate in good faith to obtain the "goodwill" or not subject to the completionof the registration Prior to this, the transferee must maintain a good, or does notconstitute to the immovable property acquired in good faith. Followed by proposedchanges in real property registration is a necessary element of real estate transfer.Other elements of real estate acquired in good faith have been met, who do not haveproperty rights changes in the registration elements, as a real estate transactionbehavior is not complete, does not occur the consequences of property rights transfer,of course, could not constitute a bona fide acquisition. The fourth section describesthe legal responsibility of the real property acquired in good faith registrationauthority, first introduced the nature of the real estate registration is the legal propertyof the real estate registration act. Registration of real property, the purpose is clear tothe public through the registration rights, thus demonstrating the existence of therights holders the right to maintain the transaction security. Registration of primarysignificance lies in the Public Credit of the property changes and those arising fromthe effect on private law. Second, it proposed duties of the immovable propertyregistration authority means the authority and obligations are legally entitled to theregistration authority during the real estate registration. Registration agencyresponsibilities debate was mainly focused on the registration authority in theregistration process should be the obligation to assume the form of review orsubstantive examination on the issue, clear the liability of our country on theregistration authority adopted the principle of liability without fault. As long as theregistration error and the damage occurred, whether such error is due to theregistration authority staff intentionally or negligently caused or malicious collusion because of its staff and registered applicants by the registration authority must first beliable for compensation, without Asked whether the fault subjective to the registrationauthority. Finally, the author is not really the nature of the registration authorityresponsible for causing registration errors, jointly and severally liable."PropertyRights Law of the People’s Republic of China" nature of the responsibility of theprovisions of Article21are not truly joint and several liability. Not really joint andseveral liability, in accordance with the law, based on the facts of a damagecompensation of more than two claims, the same claim for relief purposes, the victimcan only select one of the claims according to their own interests, request assume thetort liability; victims choose a claim, other claims eliminated; if the victim requeststhe responsibility of the perpetrator, not the final responsibility, assume the tortliability and the right stakeholders to the ultimate responsibility recovery."PropertyLaw" of real estate acquired in good faith the provisions of the system greatlyimproved China’s bona fide acquisition, bound to the advance of China’s economicdevelopment and the rule of law in the process of great significance.