On The System Of Bona Fide Acquisition Of Real Estate

The acquisition of goodwill system is the important part of property law in China. Its main purpose is to protect dynamic security of trading and adjust the benefit relationship between people. The civil law of most countries admitted the system. Some countries admitted the system only in the field of movable property, because it does not applicable to the field of immovable property. The newly issued Property Law in our country has a very clear statement about the system. It does not only determine the acquisition of goodwill system in the field of movable property, but also in the field of immovable property, which is accordance with our national conditions. In addition, it has a great effect on balancing the trading rules, protecting the third people’s legal right and adjusting the relationship among property sides. It is necessary in the process of development and full of historical meaning to expand the applicable field of the system to the field of immovable property.In the first part of this paper, the author expressed the necessity of the acquisition of goodwill system in the field of immovable property through introduction, analysis and transference. Readers can understand the system form whole direction, realize the value of the system’s existence and determine the function during the following action:deeply analyzing the elements and legal effects of the system.In the second part, readers will be aware of the problem in practical jurisdiction during the research of related problems, especially the influence of the acquisition of goodwill system over immovable property register and other raising problems in practical jurisdiction.In the third part, through researches of other countries’ law, the author analyzed the acquisition of immovable property system from the comparative perspective. The research in this part will benefit our country absorbing the advanced experience from abroad, also offering theoretical instruction to the accomplishment of civil appeal.In the last part, the perfecting and suggestion of legislation have been explained through comprehensive analysis and detailed expression. Besides, during the research upon the system, more people in our country will understand the acquisition of immovable property system in the problem of procession right changing clearly. Therefore, the law-learners will discover better creative idea related to the system, which will also benefit the law system of our country.