The Acquisition Of The Property In Good Faith

Cases show that the acquisition of the property in good faith may danger the benefit of the original owner of the property. The system of acquisition of the property in good faith has the doubts about danger or harm to the original owner for the balance of the third party in good faith. The significance and legal theory reason of the acquisition of the property in good faith need to be researched even after the legislation of the system of acquisition of the property in good faith.The Acquisition in Good Faith means that whoever holds the property can transfer the property to the transferee in good faith and the transferee can get the ownership and other rights of the property although the holder do not have the rights to deal the property. The basic components include:first, there must be dealing without authority, which means the seller who acquires the property is the one who has no rights to deal with the property, which expresses two parts of the acquisition of the seller and the shortage of rights to deal with the property of the seller. Second, the transfer has been finished, which means the buyer has acquired the property. And if acquisition doesn’t exist, the system of the acquisition in good faith cannot be applied even with the good faith. At last, the buyer should have no essential negligence, which means the buyer believes that the seller has the rights to deal with the property through the acquisition of the seller. The legal ground of the system includes the principle of behavior of rights of property, the principle of public faith of the rights of property, the principle of common agreement on the dealing of the good faith and the other. The acquisition in good faith of the moveable property has been accepted widely. Although the acquisition in Good Faith has been legislated in our law system, but the Acquisition in Good Faith of the Property has a great argument. Each country has its own legislation about the application of the acquisition of the property in good faith into the real estates, which is decided by the difference of the inspection system of the application of the registration of the real estates. However it should be set up from the aspect of the value of legislation. Although there are some opinions to deny the system, the Acquisition in Good Faith of the Property not only benefits the perfection of the system and fullness of the system, but also has good value in application of the current situation of our registration system of the property and special ownership.The components and recognition of the Acquisition in Good Faith of the Property should be analyzed carefully:the disposition of over ownership of the assignor; the receiver of the property is in good faith; the receiver gets the property with proper price and the disposition has included the progress of registration of change of the ownership of the property. Those components all need to be analyzed and determined in definition according to the theory of the acquisition of the property in good faith.Our law of the ownership and the rights of the substances regulates the acquisition of the property in good faith has come into true after the registration and keep the time of the original owners’finding of the invasion of the ownership in the highest level, which means the great protection of the original ownership. It is partial and ignorant with the deep meaning of the system of acquisition in good faith to deny the ground of the acquisition in good faith by the public faith of the registration of the ownership of the real estates.